Preview
Filing # 106408947 E-Filed 04/17/2020 04:40:01 PM
IN THE CIRCUIT COURT, IN AND FOR
MARION COUNTY, FLORIDA
CASE NO. 2019-CA-002479 AX
MIKLE FIZER AND RACHEL
GRIEBLING-FIZER,
Plaintiffs,
Vv.
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,
Defendant.
/
RESPONSE TO REQUEST TO PRODUCE OF DEFENDANT,
AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA
COME NOW the Plaintiffs, MIKLE FIZER AND RACHEL GRIEBLING-FIZER, by
and through the undersigned attomey, and respond to Request to Produce of Defendant,
AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, as follows:
1. All documents evidencing damage sustained by Plaintiffs from the alleged
loss, including but not limited to, estimates for repairs, proposals, contracts,
subcontracts, blueprints, invoices, and reports.
RESPONSE: Attached.
2. All documents evidencing expenditures by or on behalf of Plaintiffs for
repair of the alleged damage sustained at the subject insured property, including but not
limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, canceled
checks for repairs, receipts, invoices, other evidence of payments for such repairs,
reconstruction, modification or restoration of the insured dwelling.
RESPONSE: Estimates are produced in response to Request #1.
Attached see the contract entered into with Skymark Roofing, LLC.
3. All contracts, estimates, invoices, proposals, statements, receipts,
cancelled checks and other documents relating to repairs, remodeling, restoration or
Electronically Filed Marion Case # 19CA002479AX 04/17/2020 04:40:01 PMmaintenance performed at the insured residence or to the structure in the last five (5)
years.
RESPONSE: Documents in the possession of Plaintiffs are attached...
4. If your claim seeks reimbursement for replacement cost of personal
property damaged in the alleged loss, please produce any and all documents
evidencing the repair and/or replacement of any such property, including but not limited
to cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders,
operator manuals, and other pertinent documents.
RESPONSE: Not applicable
5. 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, please produce any and all documents evidencing the repair and/or replacement
of any such property, including but not limited to estimates, proposals, contracts,
cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders,
operator manuals, and the like.
RESPONSE: No repairs have been yet performed; therefore, none at this
time.
6. All photographs or other pictorial representations of the areas of the
subject insured property claimed damaged available to you, depicting the property
condition before, and after the activities occurred.
RESPONSE: Photographs in Plaintiff's possession are attached in
response to Request #1.
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, including any and all notices of cancellation or requests for premiums.
RESPONSE: Objection, vague, ambiguous, and overly burdensome.
Subject to and without a waiver of the objection herein, since the claim has beensubmitted to Defendant only, Defendant is already in possession of the policy of
insurance and letters sent to Plaintiffs’ during the claim investigation process.
Additionally, please see email correspondence attached in response to Request
#1.
8. Any and all engineering reports, incident reports, statements or
investigative materials obtained regarding the cause of the alleged loss.
RESPONSE: Responsive documents in Plaintiffs’ possession are
produced in response to Request #1.
9. All documents and records relating to any aspect of the insurance claim
submitted to any insurance company as a result of the subject loss.
RESPONSE: Objection, vague, ambiguous, and overly burdensome.
Subject to and without a waiver of the objection herein, see emails produced in
response to Request #1.
10. A copy of each resume, curriculum vitae, and other document listing the
qualifications of any experts hired by you or on behalf of you who may testify at trial.
RESPONSE: Undetermined at this time who will testify at trial; therefore,
none at this time.
11. Any and all sworn proof of loss forms executed by Plaintiffs in connection
with any and all insurance claims filed with Defendant as a result of the incident alleged
in the Complaint.
RESPONSE: None since none has been requested from Plaintiffs.
12. Any and all documents supporting Plaintiffs’ compliance with her post-loss
obligations under the insurance policy, including her obligation to make reasonable and
necessary repairs to protect the property from further damage.
RESPONSE: Objection, vague, ambiguous, overly burdensome. Subject
to and without a waiver of the objection herein, no repairs have been yet
performed.13. Any and all documents relating to any prior insurance claims made by
Plaintiffs pursuant to the property described in the Complaint.
RESPONSE: None.
14. Any and all pre-purchase inspection reports, appraisal reports, or other
documents or photographs from inspections which occurred prior to the date of loss on
the property described in the Complaint.
RESPONSE: Attached.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by electronic mail to paydon.broeder@csklegal.com;
keller.fisher@csklegal.com; cheryl.white@csklegal.com; Paydon R. Broeder, Esquire
and Keller F. Fisher, Esquire, Cole, Costt & Kissane, p.A., 4301 West Boy Scout
Boulevard, Suite 400, Tampa, FL 33607, this 17th day of April, 2020.
bf
Marc Jandy, Esquite
Florida Bar No. 91735
The Nation Law Firm, LLP
570 Crown Oak Centre Drive
Longwood, FL 32750
Telephone: (407) 339-1104
Facsimile: (407) 339-1118
Primary Email: Iryan@nationlaw.com
Secondary Email: mjandy@nationlaw.com
Attorneys for Plaintiffs
Preview
Filing # 106408947 E-Filed 04/17/2020 04:40:01 PM IN THE CIRCUIT COURT, IN AND FOR MARION COUNTY, FLORIDA CASE NO. 2019-CA-002479 AX MIKLE FIZER AND RACHEL GRIEBLING-FIZER, Plaintiffs, Vv. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. / RESPONSE TO REQUEST TO PRODUCE OF DEFENDANT, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA COME NOW the Plaintiffs, MIKLE FIZER AND RACHEL GRIEBLING-FIZER, by and through the undersigned attomey, and respond to Request to Produce of Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, as follows: 1. All documents evidencing damage sustained by Plaintiffs from the alleged loss, including but not limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, invoices, and reports. RESPONSE: Attached. 2. All documents evidencing expenditures by or on behalf of Plaintiffs for repair of the alleged damage sustained at the subject insured property, including but not limited to, estimates for repairs, proposals, contracts, subcontracts, blueprints, canceled checks for repairs, receipts, invoices, other evidence of payments for such repairs, reconstruction, modification or restoration of the insured dwelling. RESPONSE: Estimates are produced in response to Request #1. Attached see the contract entered into with Skymark Roofing, LLC. 3. All contracts, estimates, invoices, proposals, statements, receipts, cancelled checks and other documents relating to repairs, remodeling, restoration or Electronically Filed Marion Case # 19CA002479AX 04/17/2020 04:40:01 PMmaintenance performed at the insured residence or to the structure in the last five (5) years. RESPONSE: Documents in the possession of Plaintiffs are attached... 4. If your claim seeks reimbursement for replacement cost of personal property damaged in the alleged loss, please produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders, operator manuals, and other pertinent documents. RESPONSE: Not applicable 5. 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, please produce any and all documents evidencing the repair and/or replacement of any such property, including but not limited to estimates, proposals, contracts, cancelled checks, credit card slips, brochures, appraisals, receipts, purchase orders, operator manuals, and the like. RESPONSE: No repairs have been yet performed; therefore, none at this time. 6. All photographs or other pictorial representations of the areas of the subject insured property claimed damaged available to you, depicting the property condition before, and after the activities occurred. RESPONSE: Photographs in Plaintiff's possession are attached in response to Request #1. 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, including any and all notices of cancellation or requests for premiums. RESPONSE: Objection, vague, ambiguous, and overly burdensome. Subject to and without a waiver of the objection herein, since the claim has beensubmitted to Defendant only, Defendant is already in possession of the policy of insurance and letters sent to Plaintiffs’ during the claim investigation process. Additionally, please see email correspondence attached in response to Request #1. 8. Any and all engineering reports, incident reports, statements or investigative materials obtained regarding the cause of the alleged loss. RESPONSE: Responsive documents in Plaintiffs’ possession are produced in response to Request #1. 9. All documents and records relating to any aspect of the insurance claim submitted to any insurance company as a result of the subject loss. RESPONSE: Objection, vague, ambiguous, and overly burdensome. Subject to and without a waiver of the objection herein, see emails produced in response to Request #1. 10. A copy of each resume, curriculum vitae, and other document listing the qualifications of any experts hired by you or on behalf of you who may testify at trial. RESPONSE: Undetermined at this time who will testify at trial; therefore, none at this time. 11. Any and all sworn proof of loss forms executed by Plaintiffs in connection with any and all insurance claims filed with Defendant as a result of the incident alleged in the Complaint. RESPONSE: None since none has been requested from Plaintiffs. 12. Any and all documents supporting Plaintiffs’ compliance with her post-loss obligations under the insurance policy, including her obligation to make reasonable and necessary repairs to protect the property from further damage. RESPONSE: Objection, vague, ambiguous, overly burdensome. Subject to and without a waiver of the objection herein, no repairs have been yet performed.13. Any and all documents relating to any prior insurance claims made by Plaintiffs pursuant to the property described in the Complaint. RESPONSE: None. 14. Any and all pre-purchase inspection reports, appraisal reports, or other documents or photographs from inspections which occurred prior to the date of loss on the property described in the Complaint. RESPONSE: Attached. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic mail to paydon.broeder@csklegal.com; keller.fisher@csklegal.com; cheryl.white@csklegal.com; Paydon R. Broeder, Esquire and Keller F. Fisher, Esquire, Cole, Costt & Kissane, p.A., 4301 West Boy Scout Boulevard, Suite 400, Tampa, FL 33607, this 17th day of April, 2020. bf Marc Jandy, Esquite Florida Bar No. 91735 The Nation Law Firm, LLP 570 Crown Oak Centre Drive Longwood, FL 32750 Telephone: (407) 339-1104 Facsimile: (407) 339-1118 Primary Email: Iryan@nationlaw.com Secondary Email: mjandy@nationlaw.com Attorneys for Plaintiffs