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Filing # 103799278 E-Filed 02/24/2020 03:08:49 PM
IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT IN AND
FOR MARION COUNTY, FLORIDA
CASE NO.: 19-CA-2479
MIKLE FIZER AND RACHEL GRIBLING-
FIZER,
Plaintiffs,
V.
AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA,
Defendant.
/
DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS
Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, by
and through its undersigned counsel, and pursuant to the Florida Rule of Civil Procedure
1.350, requests that Plaintiffs, MIKLE FIZER AND RACHEL GRIBLING-FIZER, respond
to this First Request to Produce and produce the items requested herein for inspection
and for other purposes as permitted by the Florida Rules of Civil Procedure, within thirty
(30) days of service of this Request:
DEFINITIONS
Please refer to these definitions and instructions in providing your responses.
Unless otherwise clearly indicated by the context thereof, the following definitions and
instructions shall apply to each of the requests set forth below:
1. Plaintiffs shall mean MIKLE FIZER AND RACHEL GRIBLING-FIZER.
2. “You” and/or “Your” means Plaintiffs, and any employees, agents,
attorneys, representatives or other persons acting on his behalf.
COLE, SCOTT & KISSANE, P.A.
Electronically FI@d'Wahoh Case FSCA GU E47 OAR 8 2/24750203 68.4 BAM (01°) 29-2800 FaxCASE NO.: 19-CA-2479
3. Communication” means, without limitation, any oral, written, telephonic,
radio, video or electronic transmission of information, demands or questions, including
but not limited to conversations, meetings, discussions, telephone calls, telegrams,
telecopies, telexes, seminars, conferences, writings, letters, messages, notes, or
memoranda.
4. “Document” or “Documents” means all “writings and recordings’. The
definition is intended to include all documents, agreements, correspondence, records,
ledgers, contracts, bills, invoices, bills of lading, inventories, financial data, memoranda,
notes, or other writings, formal or informal in nature, accounting and financial records,
diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts,
computer cards and print outs, electronically or magnetically stored information or data,
minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings,
in your actual or constructive possession, custody or control, or of which you have
knowledge of the existence, and whether prepared, published or released by you or by
any other person or entity. Without limitation on the foregoing, the term “documents” shall
include any copy which differs in any respect from the original or other versions of the
documents, such as copies containing notations, insertions, corrections, marginal notes
or any variations.
5. “Identify” means, when used in reference to:
a. An individual, to state his or her (i) full name; (ii) present or last known
home and business address, including street name and number, city or
town and zip code; (iii) present or last known position, job title and job
description;
b. A person other than an individual, to state its (i) full name and type
of organization or entity; (ii) address or principal place of business; and (iii)
jurisdiction and date of incorporation or organization, if known.
Cc. Documents, to state (i) the name and date of the document, the
name and address of the person(s) originating the document, the name and
address, if any, of the person(s) to whom the document is addressed, the
names and addresses of all persons to whom copies of the documents were
to have been sent; and the organization, firm or agency with which any such
persons were connected as of the date of the document; and (ii) whether
Plaintiffs is in possession of or has under his control the original or a copy
of the document, and, if not in possession of an original or copy, the name
and address of the custodian of each original copy, and the name and
address of each person who Plaintiffs believes presently is in possession of
the original or copy of such document. In lieu of identifying particular
documents, when such identification is requested, the document may, at
Plaintiffs’ option, be attached to the response to this request to produce,
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAXCASE NO.: 19-CA-2479
bearing an indication to which response or responses each document
relates.
d. Conversations, to state the date and place and approximate time of
day of the conversation, the identity of all persons in attendance, the subject
matter and reasons for the conversation, the statements made by each
person, including the context in which they were made and the identity of
any writings or recordations which exist relating thereto.
e. Acclaim, the name of the claimant, the nature of the claim, the names
of all parties to any lawsuit, the court number, if any, the date of the claim,
the date upon which Defendants first became aware of the claim, the relief
sought, and the present status or final disposition of the claim.
f. Any other item or information, to provide a particular description of
the same.
6. “Notice” shall include formal and informal notification.
7. The plural shall include the singular and the singular shall include the plural.
DOCUMENTS TO BE PRODUCED
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.
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.
3. All contracts, estimates, invoices, proposals, statements, receipts,
cancelled checks and other documents relating to repairs, remodeling, restoration or
maintenance performed at the insured residence or to the structure in the last five (5)
years.
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.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAXCASE NO.: 19-CA-2479
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.
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.
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.
8. Any and all engineering reports, incident reports, statements or
investigative materials obtained regarding the cause of the alleged loss.
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.
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.
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.
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.
13. Any and all documents relating to any prior insurance claims made by
Plaintiffs pursuant to the property described in the Complaint.
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.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAXCc
CASE NO.: 19-CA-2479
ERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 24th day of February, 2020, a true and correct
copy of the foregoing was filed with the Clerk of Marion County by using the Florida Courts
e-Filing Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Marc Jandy, Esq., The Nation Law Firm,
Iryan@nationlaw.com; mjandy@nationlaw.com, 570 Crown Oak Centre Drive,
Longwood, FL 32750, (407) 339-1104/(407) 339-1118 (F), Attorney for Plaintiffs, Rachel
Griebling-Fizer and Mikle Fizer.
4301 WEST BOY SCOUT BOULEVAY
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant, AMERICAN INTEGRITY
INSURANCE COMPANY OF FLORIDA
4301 West Boy Scout Boulevard
Suite 400
Tampa, Florida 33607
Telephone (813) 509-2608
Facsimile (813) 286-2900
Primary e-mail:
paydon.broeder@csklegal.com
Secondary e-mail:
keller.fisher@csklegal.com
Alternate e-mail:
cheryl.white@csklegal.com
By: _s/ Keller F. Fisher
PAYDON R. BROEDER
Florida Bar No.: 106881
KELLER F. FISHER
Florida Bar No.: 126149
-5-
COLE, SCOTT & KISSANE, P.A.
\RD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
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Filing # 103799278 E-Filed 02/24/2020 03:08:49 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CASE NO.: 19-CA-2479 MIKLE FIZER AND RACHEL GRIBLING- FIZER, Plaintiffs, V. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. / DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, by and through its undersigned counsel, and pursuant to the Florida Rule of Civil Procedure 1.350, requests that Plaintiffs, MIKLE FIZER AND RACHEL GRIBLING-FIZER, respond to this First Request to Produce and produce the items requested herein for inspection and for other purposes as permitted by the Florida Rules of Civil Procedure, within thirty (30) days of service of this Request: DEFINITIONS Please refer to these definitions and instructions in providing your responses. Unless otherwise clearly indicated by the context thereof, the following definitions and instructions shall apply to each of the requests set forth below: 1. Plaintiffs shall mean MIKLE FIZER AND RACHEL GRIBLING-FIZER. 2. “You” and/or “Your” means Plaintiffs, and any employees, agents, attorneys, representatives or other persons acting on his behalf. COLE, SCOTT & KISSANE, P.A. Electronically FI@d'Wahoh Case FSCA GU E47 OAR 8 2/24750203 68.4 BAM (01°) 29-2800 FaxCASE NO.: 19-CA-2479 3. Communication” means, without limitation, any oral, written, telephonic, radio, video or electronic transmission of information, demands or questions, including but not limited to conversations, meetings, discussions, telephone calls, telegrams, telecopies, telexes, seminars, conferences, writings, letters, messages, notes, or memoranda. 4. “Document” or “Documents” means all “writings and recordings’. The definition is intended to include all documents, agreements, correspondence, records, ledgers, contracts, bills, invoices, bills of lading, inventories, financial data, memoranda, notes, or other writings, formal or informal in nature, accounting and financial records, diaries, statements, telegrams, draft, work papers, paper and magnetic tapes, charts, computer cards and print outs, electronically or magnetically stored information or data, minutes, publications, calendars, telephone pads, bulletins, directives, logs and listings, in your actual or constructive possession, custody or control, or of which you have knowledge of the existence, and whether prepared, published or released by you or by any other person or entity. Without limitation on the foregoing, the term “documents” shall include any copy which differs in any respect from the original or other versions of the documents, such as copies containing notations, insertions, corrections, marginal notes or any variations. 5. “Identify” means, when used in reference to: a. An individual, to state his or her (i) full name; (ii) present or last known home and business address, including street name and number, city or town and zip code; (iii) present or last known position, job title and job description; b. A person other than an individual, to state its (i) full name and type of organization or entity; (ii) address or principal place of business; and (iii) jurisdiction and date of incorporation or organization, if known. Cc. Documents, to state (i) the name and date of the document, the name and address of the person(s) originating the document, the name and address, if any, of the person(s) to whom the document is addressed, the names and addresses of all persons to whom copies of the documents were to have been sent; and the organization, firm or agency with which any such persons were connected as of the date of the document; and (ii) whether Plaintiffs is in possession of or has under his control the original or a copy of the document, and, if not in possession of an original or copy, the name and address of the custodian of each original copy, and the name and address of each person who Plaintiffs believes presently is in possession of the original or copy of such document. In lieu of identifying particular documents, when such identification is requested, the document may, at Plaintiffs’ option, be attached to the response to this request to produce, COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAXCASE NO.: 19-CA-2479 bearing an indication to which response or responses each document relates. d. Conversations, to state the date and place and approximate time of day of the conversation, the identity of all persons in attendance, the subject matter and reasons for the conversation, the statements made by each person, including the context in which they were made and the identity of any writings or recordations which exist relating thereto. e. Acclaim, the name of the claimant, the nature of the claim, the names of all parties to any lawsuit, the court number, if any, the date of the claim, the date upon which Defendants first became aware of the claim, the relief sought, and the present status or final disposition of the claim. f. Any other item or information, to provide a particular description of the same. 6. “Notice” shall include formal and informal notification. 7. The plural shall include the singular and the singular shall include the plural. DOCUMENTS TO BE PRODUCED 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. 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. 3. All contracts, estimates, invoices, proposals, statements, receipts, cancelled checks and other documents relating to repairs, remodeling, restoration or maintenance performed at the insured residence or to the structure in the last five (5) years. 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. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAXCASE NO.: 19-CA-2479 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. 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. 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. 8. Any and all engineering reports, incident reports, statements or investigative materials obtained regarding the cause of the alleged loss. 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. 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. 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. 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. 13. Any and all documents relating to any prior insurance claims made by Plaintiffs pursuant to the property described in the Complaint. 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. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2000 FAXCc CASE NO.: 19-CA-2479 ERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 24th day of February, 2020, a true and correct copy of the foregoing was filed with the Clerk of Marion County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Marc Jandy, Esq., The Nation Law Firm, Iryan@nationlaw.com; mjandy@nationlaw.com, 570 Crown Oak Centre Drive, Longwood, FL 32750, (407) 339-1104/(407) 339-1118 (F), Attorney for Plaintiffs, Rachel Griebling-Fizer and Mikle Fizer. 4301 WEST BOY SCOUT BOULEVAY COLE, SCOTT & KISSANE, P.A. Counsel for Defendant, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA 4301 West Boy Scout Boulevard Suite 400 Tampa, Florida 33607 Telephone (813) 509-2608 Facsimile (813) 286-2900 Primary e-mail: paydon.broeder@csklegal.com Secondary e-mail: keller.fisher@csklegal.com Alternate e-mail: cheryl.white@csklegal.com By: _s/ Keller F. Fisher PAYDON R. BROEDER Florida Bar No.: 106881 KELLER F. FISHER Florida Bar No.: 126149 -5- COLE, SCOTT & KISSANE, P.A. \RD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX