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Case Number: CACE-19-011697 Division: 02
Filing # 90398501 E-Filed 05/31/2019 03:16:15 PM
IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
Louis Charles,
Plaintiff,
vs. CASE NO.:
American Integrity Insurance Company of Florida,
Defendant.
/
PLAINTIFF’S NOTICE OF SERVING
INTERROGATORIES TO DEFENDANT
COMES NOW the Plaintiff, Louis Charles, by and through the undersigned counsel,
pursuant to Rules 1.280(a) and 1.340 of the Fla. R. Civ. Pro., and hereby submit to the Defendant,
American Integrity Insurance Company of Florida, the following Interrogatories numbered 1 to 15
to be answered under oath by an authorized agent of the Defendant within forty-five (45) days of
service of the Complaint herein. Where knowledge or information in the possession of the
Defendant is requested, such request includes knowledge of the partners, employees, agents,
representatives and, unless privileged, attorneys for the Defendant.
CERTIFICATE OF SERVICE
I DO HEREBY CERTIFY that a true and correct copy of this document will be served
on the Defendant along with the Complaint and Summons in this action.
DATED: May 31, 2019
Respectfully submitted by:
JENNIFER J. SMITH, ESQ.
Florida Bar No.: 057322
KUHN RASLAVICH, P.A.
7700 Congress Ave. Suite 3111
Boca Raton, FL 33487
Telephone: (954)372-3272
Facsimile: (954)361-1133
jennifer.smith@thekrfirm.com
Counsel for Plaintiff
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/31/2019 03:16:13 PM.****IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
Louis Charles,
Plaintiff,
vs. CASE NO.:
American Integrity Insurance Company of Florida,
Defendant.
/
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
For purposes of these Interrogatories, the following terms and definitions are provided:
1. Plaintiff: The term “Plaintiff” as used herein shall mean Louis Charles, and his/her
representatives as defined in Paragraph 4 hereof.
2. Insured: The term “Insured” as used herein shall mean Louis Charles and his/her
representatives as defined in Paragraph 4 hereof.
3. Defendant: The term “Defendant” shall mean American Integrity Insurance
Company of Florida, whether by that name or any other, and its representatives as defined in
Paragraph 4 hereof.
4. Representatives: The term “representatives” shall mean any and all present or
former agents, employees, servants, officers, directors, attorneys, consultants, sureties,
indemnificators, insurers, and other persons acting or purporting to act on behalf of the entity
referred to.
5. You and Your: The terms “you” and “your” shall refer to Defendant (defined
above) and any other person or entity acting or purporting to act on its behalf.
6. Document: The term “document” shall mean any written, printed, typed or other
graphic or photographic matter (including without limitation, photographs, charts, graphs,
microfiche, microfilm, videotapes, recordings and motion pictures and data stored on a computer
disc or computer hard drive) and shall include the originals, identical copies and all non-identical
copies, whether different from the original by reason of any notation made on each copy or
otherwise and shall include, without limiting the generality of the foregoing, all letters, telegrams,
teletypes, correspondence, contracts, agreements, notes, mechanical and electronic soundrecordings and transcripts thereof (including, without limitation, tapes, cassettes, discs and digital
recordings), computer printouts and other printed matter produced through computers, calendar
and diary entries, memoranda, notes and records of all telephone or personal conversations,
meetings or any other communication, inter-office and intra-office communications, statements,
manuals, summaries and compilations, minutes of meetings, charges, maps, reports, analysis,
studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers,
articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices,
bills, receipts, tickets, worksheets, computer and digital records, as well as all digitally stored and
generated documents and notes, and all drafts, alterations, modifications and changes to any of the
foregoing.
7. Identify: The term “identify” when used with reference to a person shall mean to
state the full name of the person, last known full address of the person, the employer of the person
(if known), and the business phone number of the person (or home phone number of the person if
their business phone number is not known). Once identified, a person may be subsequently
identified by uniform use of a standard name.
8. Plaintiff's Property: The term “Plaintiff's Property” as used herein shall be
referenced to the property located at 419 SW 80th Ave., North Lauderdale, FL 33068.
Instructions
Should the Defendant claim an Interrogatory is objected to or not answered under a claim
of privilege, the Defendant is required to:
State the basis of the claim of privilege;
b. Identify the subject matter of the information to which a claim of privilege
is made;
c. Identify all persons or entities who has had access to or claimed to be
privileged or were present when the privileged information was discussed,
and
d. Identify persons or entities to whom the privileged information has been
disclosed.INTERROGATORY NO. 1: — What is the name and address of the person answering these
interrogatories, and, if applicable, the person’s official position or relationship with the party to
whom the interrogatory is directed?
ANSWER:
INTERROGATORY NO. 2: _ State the facts upon which you rely for each affirmative defense
in your Answer to the Complaint, or in support of a Motion to Dismiss if such was filed.
ANSWER:INTERROGATORY NO. 3: _ State each and every policy provision upon which you are
relying in connection with your decision to deny, or otherwise not make payment in full to
Plaintiff for the property damages incurred by Plaintiff or claimed by Plaintiff in this matter.
ANSWER:
INTERROGATORY NO. 4: _ Have you heard or do you know about any statement or remark
made by or on behalf of any party to this lawsuit, other than yourself, or by Plaintiff, concerning
any issue in this lawsuit? If so, state the name and address of each person who made the statement
or statements, the name and address of each person who heard it, and the date, time, place, and
substance of each statement.
ANSWER:INTERROGATORY NO. 5: State the name and address of every person known to you, your
agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any
model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue
involved in this controversy; and describe as to each, what item such person has, the name and
address of the person who took or prepared it, and the date it was taken or prepared.
ANSWER:
INTERROGATORY NO. 6: Identify by name, address, phone number, employer and
title/position all persons who on your behalf:
Inspected the Plaintiff's Property
b. Evaluated the claim
c. Prepared any reports in connection with this claim, including but not limited to
comparative estimates, peer reviews, engineering reports, and estimates evaluating
any and all loss to the Plaintiff’s property.
d. Denied coverages for the claim; and
e. Approved payment(s) made.
For each such individual state what decisions were made by said individual.
ANSWER:INTERROGATORY NO. 7: _ As to any and all decisions identified in answer to Interrogatory
6 above, identify with specificity all documents which were reviewed by and relied upon by said
individual(s) in making said determination, identify (defined above) all persons with whom said
individual(s) communicated in making said determination and state the dates when each such
decision was made.
ANSWER:
INTERROGATORY NO. 8: __ If you allege that Plaintiff has failed to perform any conditions
precedent to the bringing of this action, or has failed to fulfill any duties after the accident and/or
loss, please identify (defined above) each such person or company with specificity and state what
condition precedent or duty under your insurance policy was not timely performed or met.
ANSWER:INTERROGATORY NO. 9: _ If you allege that Plaintiff has failed to perform any conditions
precedent to the bringing of this action, or has failed to fulfill any duties after the accident and/or
loss, please state with specificity all facts and circumstances to support any contention Defendant
was prejudiced by the alleged failure to comply with any conditions precedent.
ANSWER:
INTERROGATORY NO. 10: List the names and addresses of all persons who are believed or
known by you, your agents, or your attorneys to has any knowledge concerning any of the issues
in this lawsuit; and specify the subject matter about which the witness has knowledge. The issues
in this lawsuit include, but are not limited to, the property damage event which is alleged to have
occurred on or about May 14, 2018 described in the Complaint, the property damages sustained at
the Plaintiff’ s Property in regards to said event, the work performed or to be performed by Plaintiff
and his/her representatives (defined above) described in the Complaint and its attachments, the
invoices and bills submitted by Plaintiff or representatives (defined above) to Defendant, the
claims as set forth by Plaintiff in the Complaint, and the defenses which you are or anticipate
asserting to Plaintiff's claims.
ANSWER:INTERROGATORY NO. 11: As to any statements of any kind (written, recorded, transcribed,
digital or otherwise) obtained by you from Plaintiff or any other witness in connection with the
property damage occurrence which is the basis of this lawsuit, including the invoices and damages
alleged by the Plaintiff, identify (defined above) each such person from whom a statement was
taken, state the date when each such statement was taken, state the manner in which it was taken
and identify (defined above) the person who took or recorded each such statement.
ANSWER:
INTERROGATORY NO. 12: As to any portion of the loss alleged and estimates of Plaintiff
attached to the Complaint which you contend are not covered by the Plaintiff's policy issued by
you, please set forth the specific item(s) which you contend are not covered, and for each such
item(s), all facts supporting your contention that no coverage exists for said item(s).
ANSWER:INTERROGATORY NO. 13: As to any portion of the estimates of Plaintiff attached to the
Complaint which you contend are not reasonable in their amount, specifically identify that portion
of the work performed or to be performed, invoice or bill which you allege to be unreasonable and
state all factual and legal basis which you allege support that contention.
ANSWER:
INTERROGATORY NO. 14: With regard to any third parties who provided services, analyses,
adjusting, or otherwise rendered opinions to you in adjusting this claim, please identify:
a.
The name of the individual who hired the third party on behalf of your
company; and
The date and nature of the services provided by the third party; and
Each case in which the third party has been retained by you for any purpose
during the past three years; and
The amount of money that the third party has been paid by you during the past
three years; and
Please state the taxpayer identification numbers for both you and the third
party.
ANSWER:
INTERRROGATORY NO.15: — On what date did you anticipate litigation in the underlying
insurance claim?
ANSWER:AFFIDAVIT.
Dated 20
Signature of Agent for Defendant
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared the Agent for Defendant
American Integrity Insurance Company of Florida » who is
personally known to me or who produced as identification, and who
deposed and stated that the information contained in the foregoing Answers to Interrogatories is
true and correct, to the best of his/her knowledge and belief.
SWORN AND SUBSCRIBED before me in the aforesaid County and State this
day of » 20
Notary Public
Commission No.
(SEAL)
(Name of Notary typed, printed or stamped)
My commission expires:
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Case Number: CACE-19-011697 Division: 02 Filing # 90398501 E-Filed 05/31/2019 03:16:15 PM IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Louis Charles, Plaintiff, vs. CASE NO.: American Integrity Insurance Company of Florida, Defendant. / PLAINTIFF’S NOTICE OF SERVING INTERROGATORIES TO DEFENDANT COMES NOW the Plaintiff, Louis Charles, by and through the undersigned counsel, pursuant to Rules 1.280(a) and 1.340 of the Fla. R. Civ. Pro., and hereby submit to the Defendant, American Integrity Insurance Company of Florida, the following Interrogatories numbered 1 to 15 to be answered under oath by an authorized agent of the Defendant within forty-five (45) days of service of the Complaint herein. Where knowledge or information in the possession of the Defendant is requested, such request includes knowledge of the partners, employees, agents, representatives and, unless privileged, attorneys for the Defendant. CERTIFICATE OF SERVICE I DO HEREBY CERTIFY that a true and correct copy of this document will be served on the Defendant along with the Complaint and Summons in this action. DATED: May 31, 2019 Respectfully submitted by: JENNIFER J. SMITH, ESQ. Florida Bar No.: 057322 KUHN RASLAVICH, P.A. 7700 Congress Ave. Suite 3111 Boca Raton, FL 33487 Telephone: (954)372-3272 Facsimile: (954)361-1133 jennifer.smith@thekrfirm.com Counsel for Plaintiff *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/31/2019 03:16:13 PM.****IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Louis Charles, Plaintiff, vs. CASE NO.: American Integrity Insurance Company of Florida, Defendant. / PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT For purposes of these Interrogatories, the following terms and definitions are provided: 1. Plaintiff: The term “Plaintiff” as used herein shall mean Louis Charles, and his/her representatives as defined in Paragraph 4 hereof. 2. Insured: The term “Insured” as used herein shall mean Louis Charles and his/her representatives as defined in Paragraph 4 hereof. 3. Defendant: The term “Defendant” shall mean American Integrity Insurance Company of Florida, whether by that name or any other, and its representatives as defined in Paragraph 4 hereof. 4. Representatives: The term “representatives” shall mean any and all present or former agents, employees, servants, officers, directors, attorneys, consultants, sureties, indemnificators, insurers, and other persons acting or purporting to act on behalf of the entity referred to. 5. You and Your: The terms “you” and “your” shall refer to Defendant (defined above) and any other person or entity acting or purporting to act on its behalf. 6. Document: The term “document” shall mean any written, printed, typed or other graphic or photographic matter (including without limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings and motion pictures and data stored on a computer disc or computer hard drive) and shall include the originals, identical copies and all non-identical copies, whether different from the original by reason of any notation made on each copy or otherwise and shall include, without limiting the generality of the foregoing, all letters, telegrams, teletypes, correspondence, contracts, agreements, notes, mechanical and electronic soundrecordings and transcripts thereof (including, without limitation, tapes, cassettes, discs and digital recordings), computer printouts and other printed matter produced through computers, calendar and diary entries, memoranda, notes and records of all telephone or personal conversations, meetings or any other communication, inter-office and intra-office communications, statements, manuals, summaries and compilations, minutes of meetings, charges, maps, reports, analysis, studies, graphs, prospectus, returns, statistics, pamphlets, books, offers, bulletins, order papers, articles, catalogs, records, tables, books of account, ledgers, vouchers, canceled checks, invoices, bills, receipts, tickets, worksheets, computer and digital records, as well as all digitally stored and generated documents and notes, and all drafts, alterations, modifications and changes to any of the foregoing. 7. Identify: The term “identify” when used with reference to a person shall mean to state the full name of the person, last known full address of the person, the employer of the person (if known), and the business phone number of the person (or home phone number of the person if their business phone number is not known). Once identified, a person may be subsequently identified by uniform use of a standard name. 8. Plaintiff's Property: The term “Plaintiff's Property” as used herein shall be referenced to the property located at 419 SW 80th Ave., North Lauderdale, FL 33068. Instructions Should the Defendant claim an Interrogatory is objected to or not answered under a claim of privilege, the Defendant is required to: State the basis of the claim of privilege; b. Identify the subject matter of the information to which a claim of privilege is made; c. Identify all persons or entities who has had access to or claimed to be privileged or were present when the privileged information was discussed, and d. Identify persons or entities to whom the privileged information has been disclosed.INTERROGATORY NO. 1: — What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatory is directed? ANSWER: INTERROGATORY NO. 2: _ State the facts upon which you rely for each affirmative defense in your Answer to the Complaint, or in support of a Motion to Dismiss if such was filed. ANSWER:INTERROGATORY NO. 3: _ State each and every policy provision upon which you are relying in connection with your decision to deny, or otherwise not make payment in full to Plaintiff for the property damages incurred by Plaintiff or claimed by Plaintiff in this matter. ANSWER: INTERROGATORY NO. 4: _ Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, or by Plaintiff, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. ANSWER:INTERROGATORY NO. 5: State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. ANSWER: INTERROGATORY NO. 6: Identify by name, address, phone number, employer and title/position all persons who on your behalf: Inspected the Plaintiff's Property b. Evaluated the claim c. Prepared any reports in connection with this claim, including but not limited to comparative estimates, peer reviews, engineering reports, and estimates evaluating any and all loss to the Plaintiff’s property. d. Denied coverages for the claim; and e. Approved payment(s) made. For each such individual state what decisions were made by said individual. ANSWER:INTERROGATORY NO. 7: _ As to any and all decisions identified in answer to Interrogatory 6 above, identify with specificity all documents which were reviewed by and relied upon by said individual(s) in making said determination, identify (defined above) all persons with whom said individual(s) communicated in making said determination and state the dates when each such decision was made. ANSWER: INTERROGATORY NO. 8: __ If you allege that Plaintiff has failed to perform any conditions precedent to the bringing of this action, or has failed to fulfill any duties after the accident and/or loss, please identify (defined above) each such person or company with specificity and state what condition precedent or duty under your insurance policy was not timely performed or met. ANSWER:INTERROGATORY NO. 9: _ If you allege that Plaintiff has failed to perform any conditions precedent to the bringing of this action, or has failed to fulfill any duties after the accident and/or loss, please state with specificity all facts and circumstances to support any contention Defendant was prejudiced by the alleged failure to comply with any conditions precedent. ANSWER: INTERROGATORY NO. 10: List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to has any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. The issues in this lawsuit include, but are not limited to, the property damage event which is alleged to have occurred on or about May 14, 2018 described in the Complaint, the property damages sustained at the Plaintiff’ s Property in regards to said event, the work performed or to be performed by Plaintiff and his/her representatives (defined above) described in the Complaint and its attachments, the invoices and bills submitted by Plaintiff or representatives (defined above) to Defendant, the claims as set forth by Plaintiff in the Complaint, and the defenses which you are or anticipate asserting to Plaintiff's claims. ANSWER:INTERROGATORY NO. 11: As to any statements of any kind (written, recorded, transcribed, digital or otherwise) obtained by you from Plaintiff or any other witness in connection with the property damage occurrence which is the basis of this lawsuit, including the invoices and damages alleged by the Plaintiff, identify (defined above) each such person from whom a statement was taken, state the date when each such statement was taken, state the manner in which it was taken and identify (defined above) the person who took or recorded each such statement. ANSWER: INTERROGATORY NO. 12: As to any portion of the loss alleged and estimates of Plaintiff attached to the Complaint which you contend are not covered by the Plaintiff's policy issued by you, please set forth the specific item(s) which you contend are not covered, and for each such item(s), all facts supporting your contention that no coverage exists for said item(s). ANSWER:INTERROGATORY NO. 13: As to any portion of the estimates of Plaintiff attached to the Complaint which you contend are not reasonable in their amount, specifically identify that portion of the work performed or to be performed, invoice or bill which you allege to be unreasonable and state all factual and legal basis which you allege support that contention. ANSWER: INTERROGATORY NO. 14: With regard to any third parties who provided services, analyses, adjusting, or otherwise rendered opinions to you in adjusting this claim, please identify: a. The name of the individual who hired the third party on behalf of your company; and The date and nature of the services provided by the third party; and Each case in which the third party has been retained by you for any purpose during the past three years; and The amount of money that the third party has been paid by you during the past three years; and Please state the taxpayer identification numbers for both you and the third party. ANSWER: INTERRROGATORY NO.15: — On what date did you anticipate litigation in the underlying insurance claim? ANSWER:AFFIDAVIT. Dated 20 Signature of Agent for Defendant STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared the Agent for Defendant American Integrity Insurance Company of Florida » who is personally known to me or who produced as identification, and who deposed and stated that the information contained in the foregoing Answers to Interrogatories is true and correct, to the best of his/her knowledge and belief. SWORN AND SUBSCRIBED before me in the aforesaid County and State this day of » 20 Notary Public Commission No. (SEAL) (Name of Notary typed, printed or stamped) My commission expires: