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Filing # 105693116 E-Filed 03/31/2020 04:29:46 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE 19-022594
DAVID ROBBINS and
LAURAL ROBBINS,
Plaintiffs,
vs.
AMERICAN STRATEGIC
INSURANCE CORP.,
Defendant.
PLAINTIFFS’ NOTICE OF SERVING INTERROGATORIES TO DEFENDANT
The Defendant, AMERICAN STRATEGIC INSURANCE CORP., is hereby requested and
required to answer, under oath in writing, the attached Interrogatories (numbered 1-22) propounded
by the Plaintiffs, DAVID ROBBINS and LAURAL ROBBINS, within the time allowed by Rule 1.240 of
the Florida Rules of Civil Procedure.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Email,
pursuant to Rule 2.516(b)(1) to:, Glenn Malin, Esq., Peterson Bernard, via transmission of the Notice
of Electronic filing generated by eservice@myflcourtaccess.com_ and/or was sent by electronic mail
to the above address, this 31st day of March, 2020.
ARNESEN WEBB, P.A.
Attorneys for Plaintiffs
197 South Federal Highway, Ste. 300
Boca Raton, FL 33432
Telephone: (561)-757-6000
Facsimile: (877)-241-2411
joseph@insurancelawyers.or:
eservice@insurancelawyers.org
By. /s/ Joseph Bendel
JOSEPH BENDEL
Florida Bar No.: 111360
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/31/2020 04:29:45 PM.****INTERROGATORIES TO THE DEFENDANT
DEFINITIONS
A. As used herein the term “Plaintiffs,” mean the Plaintiffs, David Robbins and
Laurel Robbins.
B. As used herein the term, “Insurance Company,” means the Defendant
insurance company, including all of its past and present affiliates, subsidiaries, and
parent, and all their respective officers, directors, shareholders, partners, employees,
agents, representatives, attorneys, and any other person acting or purporting to act on
any of their behalf.
Cc. When used herein "you" or "your" shall mean the Defendant insurance
company, its partners, agents, servants, employees, attorneys, expert witnesses,
accountants, auditors and all persons over whom it has control or who have been hired,
retained or employed for any purpose by it, whether directly by it or through any other person
or entity.
D. As used herein the term "document" or "documents" mean any and all
information in tangible form and shall include, without limiting the generality of the foregoing,
all letters, telegrams, telexes, teletypes, correspondence, contracts, drafts, agreements,
notes to file, reports, memoranda, mechanical or electronic recordings or transcripts of such
recordings, blueprints, flow sheets, calendar or diary entries, memoranda or telephone or
personal conversations, memoranda of meetings or conferences, studies, reports, inter-
office and intra-office communications, quotations, offers, inquiries, bulletins, circulars,
statements, manuals, summaries, newsletters, compilations, maps, etc.E. As used herein “communication” means the transmission, sharing or
exchange of information or knowledge in any form, by one with another.
F. As used herein the term "person" means any individual, corporation,
partnership, joint venture, group, association, body politic, government agency, unit or other
organization.
G. As used herein the term “policy” shall mean the insurance policy, policy
number FSA22462, which was issued by the Insurance Company and is the subject of
the Complaint.
H. As used herein the term “property” shall mean Plaintiffs’ insured property
which is the subject of the Complaint.
I. As used herein the term “insurance claim’ shall mean the insurance claim
number 686213-191003, which is the claim that is the subject of the Complaint.
J. To "identify a document" shall mean to state with respect thereto:
A. The identity of the person who prepared it;
B. The identity of the person who signed it or in whose name it was issued;
C. The identity of each person to whom it was addressed or distributed;
D. The nature or substance of the document with sufficient particularity to
enable it to be identified;
E. Its date, and if it bears no date, the date when it was prepared; and
F. The physical location of the document and the custodian or custodians
thereof.
K. To "identify a person” with reference to a natural person means to give his
name, his last known address and if employed, the name and address of his employer andhis job title or position. To identify a person who is not an individual, means to state the
name and principal office of such person.
L. If you claim that the attorney-client or other privilege or attorneys’ work
product doctrine is applicable to any document the identification of which is sought by
these interrogatories, then with respect to each such document, state its date, author(s),
recipient(s), present and all previous custodians, location, subject matter, and sufficient
additional information to explain the claim of privilege and to enable adjudication of the
propriety of that claim.
M. If you claim that the attorney-client or other privilege or the attorneys’ work
product doctrine is applicable to any event or occurrence including any oral
communication, the identification of which is sought by these interrogatories, then with
respect to each such event or occurrence, state its date, place and length, identify all
persons present at all or any part of the event or occurrence; identify all documents that
record, refer, or relate to the event or occurrence; state the subject matter of the event or
occurrence; and provide sufficient additional information to explain the claim of privilege
and to enable adjudication of the propriety of that claim.
N. If any document the identification of which is sought by these interrogatories
has been destroyed, then state the date and circumstances of its destruction, and identify
the person who destroyed the documents and the person who ordered its destruction.
INTERROGATORIES
1. State the name, title and address of each person(s) who assisted in the formulation
of the answers to these Interrogatories.2. State the name, address, and title of each person(s) who had any role, whatsoever,
in analyzing or adjusting Plaintiffs’ insurance claim, giving a brief description of each
person’s responsibilities and actions regarding this matter.
3. State the names, addresses, phone numbers and titles of the following:
a. Any person known to you or your attorneys who has any relevant knowledge
of the issues, which form the basis of this litigation, whether or not that
knowledge supports your position, and state the nature or general substance
of each person(s) knowledge.
b. All persons believed or known by you to have heard or who is purported to
have heard anyone on behalf of Plaintiffs make any communication
concerning the subject matter of the Complaint and state the substance of
each communication.
c. All persons believed or known by you to have heard or who is purported to
have heard Plaintiffs make any communication concerning the subject matter
of the Complaint and state the substance of each communication.4. State with specificity all contractual amounts owed to Plaintiffs by the Insurance
Company as a result of the loss and damage, which forms the basis of this litigation, whether
or not payment has been tendered to Plaintiffs.
5. With respect to each amount listed in the preceding interrogatory:
a. Identify the specific provision of the policy, which provides the basis for the
amount owed.
b. Disclose with specificity sufficient to effect service of process the identity of
every person and entity upon whom the Insurance Company relies in
determining the amounts owed to Plaintiffs.
6. State whether Plaintiffs made any previous or subsequent claims to the Insurance
Company on the policy that is the subject of this litigation, or any other policy with the
Insurance Company, and for each previous and subsequent claim state:
a. The nature of the claim
b. The date of the claim
c. The amount claimed; and
d. The amount paid by the Insurance Company on this claim.7. Identify by name, author and date of report, all reports, estimates, evaluations,
appraisals, or similar documents prepared by or on behalf of the Insurance Company
concerning any aspect of the loss and damage that underlies this litigation.
8. Please list when, if at all, you or anyone on your behalf inspected the property.
Your answer should provide the name of the person or entity performing the inspection,
the reason the inspection was ordered, what part of the property was inspected, the
date(s) of the inspection and the results of the inspection, including whether a written
report was prepared based upon the inspection and the date of the report.
9. Identify by name and address all persons participating in or assisting in the
preparation of the following:
a. Any inventory, lists, etc. of the real and/or personal property of Plaintiffs
damaged or destroyed in the loss that underlies this litigation.
b. Any and all statements and/or proofs of loss filed with the Insurance Company
by or on behalf of the Plaintiffs.10. — Identify all expert witnesses you have retained or consulted which you will or may call
to testify at the trial of this litigation and state the subject matter to which each is expected
to testify.
11. Disclose with specificity sufficient to effect service of process the identity of all
information bureaus and third-party sources from which the Insurance Company has sought
information about Plaintiffs and for each such information bureaus or third-party source state
the exact information requested and the information obtained.
12. Disclose with specificity sufficient to effect service of process the identity of all
information bureaus and third-party sources to which the Insurance Company has provided
any information about Plaintiffs and for each such information bureau or third-party source
state the exact information provided.
13. List all payments by the Insurance Company to, or on behalf of Plaintiffs, stating the
amount of payment, the date of payment, the exact coverage for which payment was made
(e.g. damage to personal property), and for persons or entities other than Plaintiffs, the name
and address of the person or entity to whom payment was made.14. Please identify each deductible that you assert is applicable. Your answer to this
interrogatory should set forth the amount(s) of each deductible, a factual basis for this
deductible and/or the manner in which it was calculated and cite to specific policy
language supporting the claims deductible.
15. Please state the basis in the policy, in relation to the facts and applicable law, for
your failure to pay the entire amount of the insurance claim presented by Plaintiffs.
16. Please identify each document upon which you rely as a basis for your failure to
pay the insurance claim at the entire amount claimed by Plaintiffs, with sufficient
particularity to allow their description in a Request for Production.
17. Please identify the name, address, and telephone numbers of all witnesses who
have knowledge of the basis for or facts and circumstances giving rise to each of your
defenses to the insurance claim and any Affirmative Defenses raised or to be raised by
you.18. Please identify all written policies, manuals or written communications setting forth
the Insurance Company’s practices, procedures, or policies relating to the handling of
property damage claims and those used or available to be used for Plaintiffs’ insurance
claim. Please identify the documents with sufficient particularity to enable Plaintiffs to
propound a Request for Production accordingly.
19. Please provide a detailed description of the particular procedure or investigation
that was pursued to evaluate and process Plaintiffs’ insurance claim including the
evaluation of the Insurance Company's position on Plaintiffs’ damages.
20. Was this procedure or investigation described in response to the preceding
interrogatory normal or unusual? If the procedure or investigation was not normal or
usual, please explain in what respect the procedure or investigation concerning Plaintiffs’
insurance claim deviated from the normal or usual procedure or investigation.21. If Plaintiffs’ insurance claim was reviewed by the regional and/or home office,
identify each person in that office who reviewed the file and that person’s supervisor.
22. Please identify the corporate representative of the Insurance Company with the
most knowledge as to the following:
a. The factual basis for your affirmative defenses to the Complaint.
b. The factual basis for each term, condition, exclusion, limitation and/or provision of
the policy that you assert is applicable to Plaintiffs’ insurance claim.
c. All inspections of the property both before and after the loss that is the subject of
the Complaint.
d. Your responses to the discovery requests served in this action.
e. Your adjustment of Plaintiffs’ insurance claim.AMERICAN STRATEGIC INSURANCE CORP.
By
Title
STATE OF
COUNTY OF.
Sworn to and subscribed before me this day of , 2020,
by. as of DEFENDANT, who is personally
known to me or who has produced as identification.
Notary Public
Name of Notary (Typed, Printed or Stamped)
My Commission Expires:
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Filing # 105693116 E-Filed 03/31/2020 04:29:46 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 19-022594 DAVID ROBBINS and LAURAL ROBBINS, Plaintiffs, vs. AMERICAN STRATEGIC INSURANCE CORP., Defendant. PLAINTIFFS’ NOTICE OF SERVING INTERROGATORIES TO DEFENDANT The Defendant, AMERICAN STRATEGIC INSURANCE CORP., is hereby requested and required to answer, under oath in writing, the attached Interrogatories (numbered 1-22) propounded by the Plaintiffs, DAVID ROBBINS and LAURAL ROBBINS, within the time allowed by Rule 1.240 of the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Email, pursuant to Rule 2.516(b)(1) to:, Glenn Malin, Esq., Peterson Bernard, via transmission of the Notice of Electronic filing generated by eservice@myflcourtaccess.com_ and/or was sent by electronic mail to the above address, this 31st day of March, 2020. ARNESEN WEBB, P.A. Attorneys for Plaintiffs 197 South Federal Highway, Ste. 300 Boca Raton, FL 33432 Telephone: (561)-757-6000 Facsimile: (877)-241-2411 joseph@insurancelawyers.or: eservice@insurancelawyers.org By. /s/ Joseph Bendel JOSEPH BENDEL Florida Bar No.: 111360 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/31/2020 04:29:45 PM.****INTERROGATORIES TO THE DEFENDANT DEFINITIONS A. As used herein the term “Plaintiffs,” mean the Plaintiffs, David Robbins and Laurel Robbins. B. As used herein the term, “Insurance Company,” means the Defendant insurance company, including all of its past and present affiliates, subsidiaries, and parent, and all their respective officers, directors, shareholders, partners, employees, agents, representatives, attorneys, and any other person acting or purporting to act on any of their behalf. Cc. When used herein "you" or "your" shall mean the Defendant insurance company, its partners, agents, servants, employees, attorneys, expert witnesses, accountants, auditors and all persons over whom it has control or who have been hired, retained or employed for any purpose by it, whether directly by it or through any other person or entity. D. As used herein the term "document" or "documents" mean any and all information in tangible form and shall include, without limiting the generality of the foregoing, all letters, telegrams, telexes, teletypes, correspondence, contracts, drafts, agreements, notes to file, reports, memoranda, mechanical or electronic recordings or transcripts of such recordings, blueprints, flow sheets, calendar or diary entries, memoranda or telephone or personal conversations, memoranda of meetings or conferences, studies, reports, inter- office and intra-office communications, quotations, offers, inquiries, bulletins, circulars, statements, manuals, summaries, newsletters, compilations, maps, etc.E. As used herein “communication” means the transmission, sharing or exchange of information or knowledge in any form, by one with another. F. As used herein the term "person" means any individual, corporation, partnership, joint venture, group, association, body politic, government agency, unit or other organization. G. As used herein the term “policy” shall mean the insurance policy, policy number FSA22462, which was issued by the Insurance Company and is the subject of the Complaint. H. As used herein the term “property” shall mean Plaintiffs’ insured property which is the subject of the Complaint. I. As used herein the term “insurance claim’ shall mean the insurance claim number 686213-191003, which is the claim that is the subject of the Complaint. J. To "identify a document" shall mean to state with respect thereto: A. The identity of the person who prepared it; B. The identity of the person who signed it or in whose name it was issued; C. The identity of each person to whom it was addressed or distributed; D. The nature or substance of the document with sufficient particularity to enable it to be identified; E. Its date, and if it bears no date, the date when it was prepared; and F. The physical location of the document and the custodian or custodians thereof. K. To "identify a person” with reference to a natural person means to give his name, his last known address and if employed, the name and address of his employer andhis job title or position. To identify a person who is not an individual, means to state the name and principal office of such person. L. If you claim that the attorney-client or other privilege or attorneys’ work product doctrine is applicable to any document the identification of which is sought by these interrogatories, then with respect to each such document, state its date, author(s), recipient(s), present and all previous custodians, location, subject matter, and sufficient additional information to explain the claim of privilege and to enable adjudication of the propriety of that claim. M. If you claim that the attorney-client or other privilege or the attorneys’ work product doctrine is applicable to any event or occurrence including any oral communication, the identification of which is sought by these interrogatories, then with respect to each such event or occurrence, state its date, place and length, identify all persons present at all or any part of the event or occurrence; identify all documents that record, refer, or relate to the event or occurrence; state the subject matter of the event or occurrence; and provide sufficient additional information to explain the claim of privilege and to enable adjudication of the propriety of that claim. N. If any document the identification of which is sought by these interrogatories has been destroyed, then state the date and circumstances of its destruction, and identify the person who destroyed the documents and the person who ordered its destruction. INTERROGATORIES 1. State the name, title and address of each person(s) who assisted in the formulation of the answers to these Interrogatories.2. State the name, address, and title of each person(s) who had any role, whatsoever, in analyzing or adjusting Plaintiffs’ insurance claim, giving a brief description of each person’s responsibilities and actions regarding this matter. 3. State the names, addresses, phone numbers and titles of the following: a. Any person known to you or your attorneys who has any relevant knowledge of the issues, which form the basis of this litigation, whether or not that knowledge supports your position, and state the nature or general substance of each person(s) knowledge. b. All persons believed or known by you to have heard or who is purported to have heard anyone on behalf of Plaintiffs make any communication concerning the subject matter of the Complaint and state the substance of each communication. c. All persons believed or known by you to have heard or who is purported to have heard Plaintiffs make any communication concerning the subject matter of the Complaint and state the substance of each communication.4. State with specificity all contractual amounts owed to Plaintiffs by the Insurance Company as a result of the loss and damage, which forms the basis of this litigation, whether or not payment has been tendered to Plaintiffs. 5. With respect to each amount listed in the preceding interrogatory: a. Identify the specific provision of the policy, which provides the basis for the amount owed. b. Disclose with specificity sufficient to effect service of process the identity of every person and entity upon whom the Insurance Company relies in determining the amounts owed to Plaintiffs. 6. State whether Plaintiffs made any previous or subsequent claims to the Insurance Company on the policy that is the subject of this litigation, or any other policy with the Insurance Company, and for each previous and subsequent claim state: a. The nature of the claim b. The date of the claim c. The amount claimed; and d. The amount paid by the Insurance Company on this claim.7. Identify by name, author and date of report, all reports, estimates, evaluations, appraisals, or similar documents prepared by or on behalf of the Insurance Company concerning any aspect of the loss and damage that underlies this litigation. 8. Please list when, if at all, you or anyone on your behalf inspected the property. Your answer should provide the name of the person or entity performing the inspection, the reason the inspection was ordered, what part of the property was inspected, the date(s) of the inspection and the results of the inspection, including whether a written report was prepared based upon the inspection and the date of the report. 9. Identify by name and address all persons participating in or assisting in the preparation of the following: a. Any inventory, lists, etc. of the real and/or personal property of Plaintiffs damaged or destroyed in the loss that underlies this litigation. b. Any and all statements and/or proofs of loss filed with the Insurance Company by or on behalf of the Plaintiffs.10. — Identify all expert witnesses you have retained or consulted which you will or may call to testify at the trial of this litigation and state the subject matter to which each is expected to testify. 11. Disclose with specificity sufficient to effect service of process the identity of all information bureaus and third-party sources from which the Insurance Company has sought information about Plaintiffs and for each such information bureaus or third-party source state the exact information requested and the information obtained. 12. Disclose with specificity sufficient to effect service of process the identity of all information bureaus and third-party sources to which the Insurance Company has provided any information about Plaintiffs and for each such information bureau or third-party source state the exact information provided. 13. List all payments by the Insurance Company to, or on behalf of Plaintiffs, stating the amount of payment, the date of payment, the exact coverage for which payment was made (e.g. damage to personal property), and for persons or entities other than Plaintiffs, the name and address of the person or entity to whom payment was made.14. Please identify each deductible that you assert is applicable. Your answer to this interrogatory should set forth the amount(s) of each deductible, a factual basis for this deductible and/or the manner in which it was calculated and cite to specific policy language supporting the claims deductible. 15. Please state the basis in the policy, in relation to the facts and applicable law, for your failure to pay the entire amount of the insurance claim presented by Plaintiffs. 16. Please identify each document upon which you rely as a basis for your failure to pay the insurance claim at the entire amount claimed by Plaintiffs, with sufficient particularity to allow their description in a Request for Production. 17. Please identify the name, address, and telephone numbers of all witnesses who have knowledge of the basis for or facts and circumstances giving rise to each of your defenses to the insurance claim and any Affirmative Defenses raised or to be raised by you.18. Please identify all written policies, manuals or written communications setting forth the Insurance Company’s practices, procedures, or policies relating to the handling of property damage claims and those used or available to be used for Plaintiffs’ insurance claim. Please identify the documents with sufficient particularity to enable Plaintiffs to propound a Request for Production accordingly. 19. Please provide a detailed description of the particular procedure or investigation that was pursued to evaluate and process Plaintiffs’ insurance claim including the evaluation of the Insurance Company's position on Plaintiffs’ damages. 20. Was this procedure or investigation described in response to the preceding interrogatory normal or unusual? If the procedure or investigation was not normal or usual, please explain in what respect the procedure or investigation concerning Plaintiffs’ insurance claim deviated from the normal or usual procedure or investigation.21. If Plaintiffs’ insurance claim was reviewed by the regional and/or home office, identify each person in that office who reviewed the file and that person’s supervisor. 22. Please identify the corporate representative of the Insurance Company with the most knowledge as to the following: a. The factual basis for your affirmative defenses to the Complaint. b. The factual basis for each term, condition, exclusion, limitation and/or provision of the policy that you assert is applicable to Plaintiffs’ insurance claim. c. All inspections of the property both before and after the loss that is the subject of the Complaint. d. Your responses to the discovery requests served in this action. e. Your adjustment of Plaintiffs’ insurance claim.AMERICAN STRATEGIC INSURANCE CORP. By Title STATE OF COUNTY OF. Sworn to and subscribed before me this day of , 2020, by. as of DEFENDANT, who is personally known to me or who has produced as identification. Notary Public Name of Notary (Typed, Printed or Stamped) My Commission Expires: