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Case Number: CACE-19-021709 Division: 04
Filing # 97525615 E-Filed 10/18/2019 02:27:05 PM
IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
DAVID TOLEDO and BRANDEE TOLEDO, CASE NO.:
Plaintiffs,
AMERICAN INTEGRITY INSURANCE COMPANY
OF FLORIDA,
Defendant.
/
PLAINTIFFS’ NOTICE OF SERVING FIRST SET
OF INTERROGATORIES TO DEFENDANT
COMES NOW, the Plaintiffs, DAVID TOLEDO and BRANDEE TOLEDO, by and
through undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure,
hereby propound this first set of interrogatories numbered one (1) through ten (10), to be answered
under oath, and in writing, within forty five (45) days from the date of service.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy was served with the Complaint in this
matter.
THE KHAN LAW FIRM
Attorney for Plaintiff,
1521 Alton Road, Suite 784
Miami Beach, FL 33139
(786)376-6050 Phone
Primary: neilk@khanlaw.attorney
By: 4/Neil M. Khan
Neil M. Khan, Esquire
Florida Bar No.: 637017
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 02:27:04 PM.****Instructions
1.You are instructed either to produce documents as they are kept in the usual course of
business or to produce documents organized and labeled to correspond with the categories in these
Interrogatories. Documents are to be produced in full and unexpurgated form.
2.These Interrogatories shall be deemed continuing, if permitted by Rule, so as to require
further and supplemental production in the event that the party requested to produce, or any of its
attorneys, agents or representatives, obtains or discovers additional information or documents
between the time of the initial production and the time of hearing or trial.
3. If any documents covered by these Interrogatories are withheld by reason of a claim of
privilege, work-product immunity or other ground of non-production, a list is to be furnished at
the time that documents are produced identifying each such document for which the privilege is
claimed specifically by its nature (e.g., letter, memorandum, etc.) together with the following
information with respect to any such document withheld: author; recipient; sender; indicated or
blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and
the paragraph of these Interrogatories to which such document relates.
4. Ifa portion of an otherwise responsive document contains information that is subject to
a claim of privilege, only those portions of the document subject to the claim of privilege shall be
deleted or redacted from the document and the rest of the document shall be produced.
5.In the event that any document called for by these Interrogatories has been destroyed,
lost, discarded or otherwise disposed of, each such document is to be identified as completely as
possible, including, without limitation, the following information: author; recipient; sender;
subject matter; date prepared or received; date of disposal; person currently in possession of the
document; and the person disposing of the document.
6. All objections to any category of documents to be produced pursuant to these
Interrogatories or to any definition or instruction they contain shall be in writing and delivered to
Plaintiffs’ counsel within the time provided in the Florida Rules of Civil Procedure, or at such
other time as is agreed upon by the parties or ordered by the Court.
7. Where identification of a document is requested, please set forth the identity of its author
or originator, the date of such authorship or origination, the identity of each person to whom theoriginal or copy was addressed or delivered, the identity of each person known or reasonably
believed to have present possession, custody, or control thereof, and a brief description of the
subject matter thereof.
8. Where identification of a person is requested, please set forth the person's name, last-
known home and business address and telephone number, and relation to Defendant, if any.Definitions
1.“Plaintiffs” means, DAVID TOLEDO and BRANDEE TOLEDO, or any representatives
or agents who are authorized to act on their behalf.
2.“Defendant” means, AMERICAN INTEGRITY INSURANCE COMPANY OF
FLORIDA, individually or any representatives, agents, or employees who are authorized to act on
AMERICAN INTEGRITY’S behalf.
3. The term "representative" as used herein with regard to a person or entity means and
includes each and every present and former director, officer, partner, employee, agent, independent
consultant or expert or other person (including attorneys), such as friends, relatives and spouse,
acting or purporting to act on behalf of the person or entity.
4. The term "document" or "documents" is used in its broadest sense and includes, without
limitation, drafts, and documents whether printed, recorded, stored or reproduced by any
mechanical or electronic process, or written or produced by hand, and including computer tapes
(including backup tapes) and all other computer-related documents, within your possession,
custody or control. "Documents" shall also include (1) each copy that is not identical to the original
or to any other copy, and (2) any tangible thing that is called for by or identified in response to any
request. "Document" as used herein shall be construed broadly to include all documents and things
within the scope of the Florida Rules of Civil Procedure, and refers to all writings or other graphic
matter, as well as any other medium by which information is stored or recorded. It includes
originals, drafts, copies and reproductions; and it includes, without limiting the generality of the
foregoing, letters; memoranda; reports and/or summaries of investigations; police reports; accident
reports; opinions or reports of consultants; diagrams; marginal comments appearing on any
documents; accounts; telegrams; studies; lists of persons attending meetings or conferences;
records or memoranda of telephone conversations; written statements; transcripts or recorded
statements; recorded statements; records of personal conversations or interviews; calculations;
computations; specifications; drawings; advertisements; circulars; trade letters; press releases;
prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video
tapes; computer tapes, cards or printouts; and all other things of like nature; and any and all
containers, boxes or other receptacles or repositories housing or containing such "documents."
5. The term "communication" shall mean any transmission of information by any means,
including, without limitation, by spoken language, electronic transmission of data or any other
means. The term "communication" shall include, without limitation, any copies of written
information received by the person or entity responding to this request, even if such person or
entity is not the primary or direct addressee of such written information.6. The term "referring" or "relating" shall mean showing, disclosing, averting to,
comprising, evidencing, constituting or reviewing.
7. "Person" means a natural person, firm, association, partnership, corporation or other
form of legal or business entity, public or private.
8. The singular includes the plural and vice versa; the words "and" and "or" shall be both
conjunctive and disjunctive; the word "all" means "any and all;" the word "any" means "any and
all;" the word "including" means "including, with limitation."
9. All other words have their plain and ordinary meaning.FIRST SET OF INTERROGATORIES
1. State the name, official title and function, relationship with Defendant, address and
telephone number of each person(s) who assisted in the preparation and formulation of the
answers to these Interrogatories, and responses to the Request for Production of documents
that accompany these interrogatories, and in the assembly of documents to be produced.
ANSWER:
2. State the name, address, telephone number and title of each person(s) who had any role,
whatsoever, in working on or adjusting insurance claim number CHO-00075779, for
damages sustained to the insured property located at 3880 SW 168" Terrace, Miramar, FL.
33027, giving a brief description of their responsibilities regarding this matter, including
whether each person has personal knowledge of the facts surrounding the claim, and
identify all documents that support or explain these facts (this interrogatory seeks the name
of every employee of Defendant who had anything to do with the claim, including the
adjusters, branch claims representatives, regional or home office claims auditors or claims
examiners, all claims managers and claims supervisors at any level, executive officers of
the company, agents, and all members of any review committee or claims committee).
ANSWER:3. List any documents you are in possession of, or have knowledge of, which pertains to the
subject matter of Plaintiffs’ Complaint for Breach of Contract and Defendant’s Answer
and Affirmative Defenses, and state the name(s), address(es), and telephone number(s) of
all persons who have personal knowledge of any of these facts, and identify all documents
that support or explain any of these facts.
ANSWER:
4. State with specificity all insurance proceed payments made by Defendant to Plaintiffs, if
any, and include the date of any payments, amounts of any payments, reason for
payment(s), the coverage that each payment was made under, and the documents and/or
information Defendant utilized to support it making such payments. State the name(s),
address(es), and telephone number(s) of all persons who have personal knowledge of any
of these facts, and identify all documents that support or explain any of these facts.
ANSWER:5. Ifno payments have been made by Defendant to Plaintiffs regarding the subject claim, or
for any separate coverages related to the claim, please state, with specificity, Defendant’s
reason for non-payment, and the documents and/or information Defendant utilized to
support not making such payments. State the name(s), address(es), and telephone
number(s) of all persons who have personal knowledge of any of these facts, and identify
all documents that support or explain any of these facts.
ANSWER:
6. State the good faith factual basis for each of Defendant’s Answer and Affirmative Defenses
to Plaintiffs’ Complaint for Breach of Contract, and identify the date, type of document,
author(s), recipient(s), and present custodian of every document known or believed by you
to refer or relate in any way to the facts you contend support your Answer and Affirmative
Defenses.
ANSWER:7. Identify by name, author and date of report, all reports prepared by or on behalf of
Defendant concerning the insured premises located at 3880 SW 168" Terrace, Miramar,
FL. 33027, and state the name(s), address(es), and telephone number(s) of all persons who
have personal knowledge of any of these facts, and identify all documents that support or
explain any of these facts.
ANSWER:
8. State in detail and with specificity all dwelling damages to Plaintiffs’ insured premises
located at 3880 SW 168" Terrace, Miramar, FL. 33027, that AMERICAN INTEGRITY
found during its claims investigation in this claim, including but not limited to:
- the date AMERICAN INTEGRITY first had knowledge of or discovered the damage(s) to
the insured property;
- the date(s) AMERICAN INTEGRITY physically inspected the insured property after claim
number CHO-00075779 was first reported;
- nature and extent of the damage(s) to the insured property;
- the alleged cause of the damage;
- undisputed dollar amount of the estimate of repair or remediation of the insured property;
and
- AMERICAN INTEGRITY’S recommended remedial procedures to fix/repair the
damage(s) to the insured property and date it informed the insureds of such recommended
remedial procedures.
State the name(s), address(es), and telephone number(s) of all persons who have personal
knowledge of any of these facts, and identify all documents that support or explain any of
these facts.
ANSWER:9. State with specificity all dates of inspection of the insured property by any AMERICAN
INTEGRITY representative/employee/adjuster, including but not limited to:
- the name of the person(s) conducting the inspection;
- licenses and/or certifications held at the time of the inspection by each person(s) conducting
the inspection;
- what areas or items were inspected;
- the length of time of the inspection; and
- whether any estimate, report or other written memorialization was created as a result of the
inspection, and if yes, provide the name of the document, date of creation, and current
location of the document.
State the name(s), address(es), and telephone number(s) of all persons who have personal
knowledge of any of these facts, and identify all documents that support or explain any of
these facts.
ANSWER:
10. List in chronological order all actions and steps taken by AMERICAN INTEGRITY
in the investigation of claim #CHO-00075779, from the date said claim was first reported
through when suit was served.
ANSWER:AMERICAN INTEGRITY INSURANCE
COMPANY OF FLORIDA
Boys
Authorized and Designated Corporate
Representative
Printed name
Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2019, by as the authorized representative of
AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, who is personally known
to me or who has produced as identification and who took an oath.
IN WITNESS WHEREOF, my hand and seal in the State and County aforesaid this
day of. , 2019.
Notary Public
(print or typename of Notary)
My Commission Expires:
Preview
Case Number: CACE-19-021709 Division: 04 Filing # 97525615 E-Filed 10/18/2019 02:27:05 PM IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION DAVID TOLEDO and BRANDEE TOLEDO, CASE NO.: Plaintiffs, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, Defendant. / PLAINTIFFS’ NOTICE OF SERVING FIRST SET OF INTERROGATORIES TO DEFENDANT COMES NOW, the Plaintiffs, DAVID TOLEDO and BRANDEE TOLEDO, by and through undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby propound this first set of interrogatories numbered one (1) through ten (10), to be answered under oath, and in writing, within forty five (45) days from the date of service. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy was served with the Complaint in this matter. THE KHAN LAW FIRM Attorney for Plaintiff, 1521 Alton Road, Suite 784 Miami Beach, FL 33139 (786)376-6050 Phone Primary: neilk@khanlaw.attorney By: 4/Neil M. Khan Neil M. Khan, Esquire Florida Bar No.: 637017 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/18/2019 02:27:04 PM.****Instructions 1.You are instructed either to produce documents as they are kept in the usual course of business or to produce documents organized and labeled to correspond with the categories in these Interrogatories. Documents are to be produced in full and unexpurgated form. 2.These Interrogatories shall be deemed continuing, if permitted by Rule, so as to require further and supplemental production in the event that the party requested to produce, or any of its attorneys, agents or representatives, obtains or discovers additional information or documents between the time of the initial production and the time of hearing or trial. 3. If any documents covered by these Interrogatories are withheld by reason of a claim of privilege, work-product immunity or other ground of non-production, a list is to be furnished at the time that documents are produced identifying each such document for which the privilege is claimed specifically by its nature (e.g., letter, memorandum, etc.) together with the following information with respect to any such document withheld: author; recipient; sender; indicated or blind copies; date; subject matter; basis on which the privilege is claimed; number of pages; and the paragraph of these Interrogatories to which such document relates. 4. Ifa portion of an otherwise responsive document contains information that is subject to a claim of privilege, only those portions of the document subject to the claim of privilege shall be deleted or redacted from the document and the rest of the document shall be produced. 5.In the event that any document called for by these Interrogatories has been destroyed, lost, discarded or otherwise disposed of, each such document is to be identified as completely as possible, including, without limitation, the following information: author; recipient; sender; subject matter; date prepared or received; date of disposal; person currently in possession of the document; and the person disposing of the document. 6. All objections to any category of documents to be produced pursuant to these Interrogatories or to any definition or instruction they contain shall be in writing and delivered to Plaintiffs’ counsel within the time provided in the Florida Rules of Civil Procedure, or at such other time as is agreed upon by the parties or ordered by the Court. 7. Where identification of a document is requested, please set forth the identity of its author or originator, the date of such authorship or origination, the identity of each person to whom theoriginal or copy was addressed or delivered, the identity of each person known or reasonably believed to have present possession, custody, or control thereof, and a brief description of the subject matter thereof. 8. Where identification of a person is requested, please set forth the person's name, last- known home and business address and telephone number, and relation to Defendant, if any.Definitions 1.“Plaintiffs” means, DAVID TOLEDO and BRANDEE TOLEDO, or any representatives or agents who are authorized to act on their behalf. 2.“Defendant” means, AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, individually or any representatives, agents, or employees who are authorized to act on AMERICAN INTEGRITY’S behalf. 3. The term "representative" as used herein with regard to a person or entity means and includes each and every present and former director, officer, partner, employee, agent, independent consultant or expert or other person (including attorneys), such as friends, relatives and spouse, acting or purporting to act on behalf of the person or entity. 4. The term "document" or "documents" is used in its broadest sense and includes, without limitation, drafts, and documents whether printed, recorded, stored or reproduced by any mechanical or electronic process, or written or produced by hand, and including computer tapes (including backup tapes) and all other computer-related documents, within your possession, custody or control. "Documents" shall also include (1) each copy that is not identical to the original or to any other copy, and (2) any tangible thing that is called for by or identified in response to any request. "Document" as used herein shall be construed broadly to include all documents and things within the scope of the Florida Rules of Civil Procedure, and refers to all writings or other graphic matter, as well as any other medium by which information is stored or recorded. It includes originals, drafts, copies and reproductions; and it includes, without limiting the generality of the foregoing, letters; memoranda; reports and/or summaries of investigations; police reports; accident reports; opinions or reports of consultants; diagrams; marginal comments appearing on any documents; accounts; telegrams; studies; lists of persons attending meetings or conferences; records or memoranda of telephone conversations; written statements; transcripts or recorded statements; recorded statements; records of personal conversations or interviews; calculations; computations; specifications; drawings; advertisements; circulars; trade letters; press releases; prints; recordings; positive or negative films, slides or photographs; magnetic, electronic or video tapes; computer tapes, cards or printouts; and all other things of like nature; and any and all containers, boxes or other receptacles or repositories housing or containing such "documents." 5. The term "communication" shall mean any transmission of information by any means, including, without limitation, by spoken language, electronic transmission of data or any other means. The term "communication" shall include, without limitation, any copies of written information received by the person or entity responding to this request, even if such person or entity is not the primary or direct addressee of such written information.6. The term "referring" or "relating" shall mean showing, disclosing, averting to, comprising, evidencing, constituting or reviewing. 7. "Person" means a natural person, firm, association, partnership, corporation or other form of legal or business entity, public or private. 8. The singular includes the plural and vice versa; the words "and" and "or" shall be both conjunctive and disjunctive; the word "all" means "any and all;" the word "any" means "any and all;" the word "including" means "including, with limitation." 9. All other words have their plain and ordinary meaning.FIRST SET OF INTERROGATORIES 1. State the name, official title and function, relationship with Defendant, address and telephone number of each person(s) who assisted in the preparation and formulation of the answers to these Interrogatories, and responses to the Request for Production of documents that accompany these interrogatories, and in the assembly of documents to be produced. ANSWER: 2. State the name, address, telephone number and title of each person(s) who had any role, whatsoever, in working on or adjusting insurance claim number CHO-00075779, for damages sustained to the insured property located at 3880 SW 168" Terrace, Miramar, FL. 33027, giving a brief description of their responsibilities regarding this matter, including whether each person has personal knowledge of the facts surrounding the claim, and identify all documents that support or explain these facts (this interrogatory seeks the name of every employee of Defendant who had anything to do with the claim, including the adjusters, branch claims representatives, regional or home office claims auditors or claims examiners, all claims managers and claims supervisors at any level, executive officers of the company, agents, and all members of any review committee or claims committee). ANSWER:3. List any documents you are in possession of, or have knowledge of, which pertains to the subject matter of Plaintiffs’ Complaint for Breach of Contract and Defendant’s Answer and Affirmative Defenses, and state the name(s), address(es), and telephone number(s) of all persons who have personal knowledge of any of these facts, and identify all documents that support or explain any of these facts. ANSWER: 4. State with specificity all insurance proceed payments made by Defendant to Plaintiffs, if any, and include the date of any payments, amounts of any payments, reason for payment(s), the coverage that each payment was made under, and the documents and/or information Defendant utilized to support it making such payments. State the name(s), address(es), and telephone number(s) of all persons who have personal knowledge of any of these facts, and identify all documents that support or explain any of these facts. ANSWER:5. Ifno payments have been made by Defendant to Plaintiffs regarding the subject claim, or for any separate coverages related to the claim, please state, with specificity, Defendant’s reason for non-payment, and the documents and/or information Defendant utilized to support not making such payments. State the name(s), address(es), and telephone number(s) of all persons who have personal knowledge of any of these facts, and identify all documents that support or explain any of these facts. ANSWER: 6. State the good faith factual basis for each of Defendant’s Answer and Affirmative Defenses to Plaintiffs’ Complaint for Breach of Contract, and identify the date, type of document, author(s), recipient(s), and present custodian of every document known or believed by you to refer or relate in any way to the facts you contend support your Answer and Affirmative Defenses. ANSWER:7. Identify by name, author and date of report, all reports prepared by or on behalf of Defendant concerning the insured premises located at 3880 SW 168" Terrace, Miramar, FL. 33027, and state the name(s), address(es), and telephone number(s) of all persons who have personal knowledge of any of these facts, and identify all documents that support or explain any of these facts. ANSWER: 8. State in detail and with specificity all dwelling damages to Plaintiffs’ insured premises located at 3880 SW 168" Terrace, Miramar, FL. 33027, that AMERICAN INTEGRITY found during its claims investigation in this claim, including but not limited to: - the date AMERICAN INTEGRITY first had knowledge of or discovered the damage(s) to the insured property; - the date(s) AMERICAN INTEGRITY physically inspected the insured property after claim number CHO-00075779 was first reported; - nature and extent of the damage(s) to the insured property; - the alleged cause of the damage; - undisputed dollar amount of the estimate of repair or remediation of the insured property; and - AMERICAN INTEGRITY’S recommended remedial procedures to fix/repair the damage(s) to the insured property and date it informed the insureds of such recommended remedial procedures. State the name(s), address(es), and telephone number(s) of all persons who have personal knowledge of any of these facts, and identify all documents that support or explain any of these facts. ANSWER:9. State with specificity all dates of inspection of the insured property by any AMERICAN INTEGRITY representative/employee/adjuster, including but not limited to: - the name of the person(s) conducting the inspection; - licenses and/or certifications held at the time of the inspection by each person(s) conducting the inspection; - what areas or items were inspected; - the length of time of the inspection; and - whether any estimate, report or other written memorialization was created as a result of the inspection, and if yes, provide the name of the document, date of creation, and current location of the document. State the name(s), address(es), and telephone number(s) of all persons who have personal knowledge of any of these facts, and identify all documents that support or explain any of these facts. ANSWER: 10. List in chronological order all actions and steps taken by AMERICAN INTEGRITY in the investigation of claim #CHO-00075779, from the date said claim was first reported through when suit was served. ANSWER:AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA Boys Authorized and Designated Corporate Representative Printed name Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2019, by as the authorized representative of AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA, who is personally known to me or who has produced as identification and who took an oath. IN WITNESS WHEREOF, my hand and seal in the State and County aforesaid this day of. , 2019. Notary Public (print or typename of Notary) My Commission Expires: