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Filing # 122479822 E-Filed 03/04/2021 10:17:57 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.:50-2020-CA-011700XXXXMB
SERGIO FARIAS,
Plaintiff,
v.
CENTAURI SPECIALTY INSURANCE COMPANY,
Defendant.
DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S) WITH
THE MOST KNOWLEDGE PURSUANT TO RULE 1,310(b)(6)
PLEASE TAKE NOTICE that Plaintiffs’ through the undersigned counsel will take the
deposition, by oral examination of the following person(s) per Rule 1.310(b)(6) as indicated below,
before an associate or deputy court reporter who is not of counsel to the parties or interested in the events
of this cause.
ETS LETS ato la ET
Any and all witnesses
designated as _—_corporate To be held remotely via
representative(s) for 7/14/2021 2:00 P.M Zoom Video Conference
Defendant per Rule
1.310(b)(6) regarding the Defendant’s Counsel will
topics and subjects listed on appear by phone.
Schedule “A” and documents
listed on Schedule “B”, and
individually regarding
Plaintiff's claim and predicate
information within their
personal knowledge.
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/04/2021 10:17:57 AM ***The deponent(s) is/are directed to produce for inspection or copying at the time of deposition the
documents called for in the attached Schedule “B” (and as to any documents over which a claim of
privilege is asserted, a privilege log per Rule 1.280(b)(5)).
The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for such
other purposes as are permitted under the Florida Rules of Civil Procedure. The deposition will continue
from day to day until completed.
In an effort to expedite depositions(s), Plaintiffs’ counsel requests that the requested documents
responsive to Schedule “B” be produced at least ten (10) days before the date of the deposition(s), to
allow the parties to conduct the deposition quickly and efficiently. This will eliminate the need for
Plaintiff's counsel having to review the documents for the first time at the deposition(s) with the
deponent(s). Plaintiff will reimburse deponent(s) for all reasonable costs associated with producing the
requested documents prior to depositions.
Further, to the extent any privilege or confidentiality is claimed to apply to the requested
documents, the deponent(s) are directed to bring such responsive documents to the deposition(s) so that
they can fully answer all of counsel’s questioning. However, a privilege log as contemplated under
Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at the deposition(s) in lieu of
the actual documents over which such claim(s) is asserted. Any such privileged documents are
nonetheless requested to be available at the deposition(s) for the deponent(s) to review during the
deposition(s) in order to fully answer all questions. Such review will not be deemed a waiver of any
claimed privilege.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Email,
pursuant to Rule 2.516(b)(1) to: Joshua Gluck, Esq., via transmission of Notice of Electronic Filing
generated by eservice@myflcourtaccess.com and/or was sent by electronic mail to the
above addressees, this 4th day of March. 2021.
Respectfully submitted,
PAZOS LAW GROUP, P.A.
800 Douglas Rd, Suite 830
Coral Gables, FL 33134
T. (305) 330-1643 F. (305) 587-2098
Email: aileen@pazoslawgroup.com
SERVICE EMAIL: serviceinsurance@pazoslawgroup.com
/s/ Aileen Siles
Aileen Siles, Esq. / Florida Bar No.: 1015640SCHEDULE “A”
1. The Corporate Representative designated by Defendant to testify regarding
Defendant’s investigation, adjustment and valuation of the insured’s claim.
2. The Corporate Representative designated to testify regarding the factual basis and
all policy language upon which Defendant’s Answer is based, including all denials and affirmative
defenses raised by Defendant in this action.
3. The Corporate Representative who can identify and explain how the events
occurred to cause Plaintiffs’ damages constitute events excluded from the coverage provided by
the policy of insurance or why Plaintiffs’ invoice and the insured’s claim is not otherwise covered
under the policy of insurance.
4, The Corporate Representative who can describe, comprehensively and in detail,
any and all decisions made on behalf of Defendant with regard to the adjustment, investigation,
and payment or failure to pay Plaintiffs’ claim.
5. The Corporate Representative designated by Defendant to testify regarding the date
Defendant reasonably anticipated litigation with Plaintiffs for the subject claim and all
circumstances which gave rise to the Defendant’s reasonable expectation or belief that litigation
would ensue, result or arise regarding Plaintiffs’ claim at issue in this lawsuit.
6 The Corporate Representative designated by Defendant to testify regarding
Defendant’s responses to Plaintiffs’ discovery requests and all facts and policy language which
support Defendant’s responses to Plaintiffs’ discovery responsesSCHEDULE “B”
lL. All documents you reviewed in preparation for this deposition.
2. All documents you will rely on in responding to the topics in Schedule “A” during
this deposition
3. For any documents withheld from paragraphs 1 and 2 above due to a claim of
attomey-client privilege, work product privilege or any other claimed right of privilege, providea
privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5)
4. The complete original written, printed, and electronic claim file(s) of Defendant
and its adjusters including all independent or third-party adjusters involved in adjusting,
investigating and handling Plaintiffs’ claim (cover-to-cover), from the home office, regional office
and local office for the subject claim, including but not limited to:
a.
All letters, memoranda, and other forms of written or computerized
communication to or from any employee of Defendant that concern, refer, or
relate in any way to the adjusting, processing, or handling of the claim at issue
in this action.
All written or computerized records of any oral communication, whether in
person or by telephone, to or from any employee of Defendant that concern,
refer, or relate in any way to the processing of the subject claim.
All written or computerized records of any oral communication, whether in
person or by telephone, between any employee, representative or agent of
Defendant and Plaintiffs, or his/her representatives or agents thatconcern, refer,
or relate in any way to the subject claim(s).
All written or computerized records of any oral communication, whether in
person or by telephone, between any employee of Defendant and any adjuster
that concern, refer, or relate in any way to the subject claim(s).
All written or computerized records of any investigation or adjustment activities
by Defendant and its adjusters, from the date of loss through the earlier of the
date of this lawsuit or the date litigation was first anticipated by Defendant with
regard to the subject claim.
All written or computerized communications and written or computerized
records of oral communications, whether in person or by telephone, to or from
any employee of Defendant and its adjusters that concern, refer, or relate in any
way to the decision to pay, deny, withhold, delay payment, or conditionally or
partially pay Plaintiffs’ claim.
All written or computerized communications and written or computerized
records of oral communications, whether in person or by telephone, betweenPlaintiffs’ and any employee of Defendant and its adjusters that concern, refer,
or relate in any way to the decision by any employee of Defendant to pay, deny,
withhold, delay payment, or conditionally or partially pay Plaintiffs’ claim.
h. All written or computerized communications and written or computerized
records of oral communications, whether in person or by telephone, between
any employee of Defendant and any third party that concern, refer, or relate in
any way to the decision by any employee of Defendant to pay, deny, withhold,
delay payment, or conditionally or partially pay Plaintiffs’ claim.
i. All activity logs, diaries, claim notes or logs created by any adjuster, claim
representative, manager, or supervisor of Defendant or third-party adjusters
during the adjustment of Plaintiffs’ claim up until the date of this lawsuit or the
date Defendant reasonably anticipated litigation in connection with the claim at
issue in this action.
j. The file folders in which the preceding documents are kept.
k. All reports and correspondence.
1. Tapes — video and audio.
m. Photographs and original negatives.
5. Copies of all documentation whatever kind or nature in your possession, custody
or control concerning the subject loss, and all files relating to Plaintiffs’, its claim for damages,
including but not limited to, certified copies of any applicable insurance policies, recorded
statements, documentation of the claim such as proofs of loss, damage estimates, reports or
memoranda by Defendant’s adjuster(s) regarding the extent of damage and the reasons for
payment, delay of payment, withholding of payment, or denial of payment of the subject claim.
6. All checks reflecting payments made to Plaintiffs to date.
7. A certified copy of the policy of insurance in effect on the subject date of loss.
8. Copies of all summaries of statements made by Plaintiffs and all recorded or
transcribed statements taken by you, your representative(s) and/or your attorneys of Plaintiffs.
9. Copies of all correspondence, notices, reports or other communications between
you and your representatives and Plaintiffs and their representatives regarding the loss at the
insured property.
10. Copies of all letters from Defendant that make payment deny payment, authorize
payment or withhold payment for the subject claim.11. Copies of all documents in your possession, custody or control relating to the
insured property, including but not limited to: photographs, video tapes, estimates, sketches,
drawings, field notes, estimate for damage(s), reports relied upon by you, reports prepared by
you or reports prepared for you or on your behalf of the Plaintiffs regarding the loss at the insured
property.
12. Copies of all property damage inventories, estimates or reports prepared and
received by you and upon which you relied in reaching your conclusions concerning valuation
of the loss.
13. Copies of all other documents relied upon by you in reaching any conclusions
regarding the Plaintiffs’ insurance claim and the coverage and payment decisions made on
Plaintiffs’ claim, including all books, tables, depreciation tables, guides, price lists, whatsoever
used by you in determining the valuation of the property or property damage sustained by the
Plaintiffs, the methods of computation used by your in arriving at valuation figures for the
property, all reports, calculations, estimates and the like relied upon by you in arriving at any and
all figures used in determining the damage to the property.
14. Any and all documents, statements, notes, measurements, test results and related
materials relied upon by you in reaching your conclusion to make payment, deny payment,
authorize payment or withhold payment of the subject claim.
15. All documents which indicate or support the date when Defendant contents it
first reasonably expected or anticipated litigation with Plaintiffs’ and the reasons and factual
circumstances which gave rise to that expectation or belief.
16. Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure
1.280(b)(5) identifying with particularity any and all document withheld from Defendant’s
response to the preceding paragraphs as privileged, confidential, or otherwise protected from
discovery.
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Filing # 122479822 E-Filed 03/04/2021 10:17:57 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.:50-2020-CA-011700XXXXMB SERGIO FARIAS, Plaintiff, v. CENTAURI SPECIALTY INSURANCE COMPANY, Defendant. DEFENDANT'S DESIGNATED CORPORATE REPRESENTATIVE(S) WITH THE MOST KNOWLEDGE PURSUANT TO RULE 1,310(b)(6) PLEASE TAKE NOTICE that Plaintiffs’ through the undersigned counsel will take the deposition, by oral examination of the following person(s) per Rule 1.310(b)(6) as indicated below, before an associate or deputy court reporter who is not of counsel to the parties or interested in the events of this cause. ETS LETS ato la ET Any and all witnesses designated as _—_corporate To be held remotely via representative(s) for 7/14/2021 2:00 P.M Zoom Video Conference Defendant per Rule 1.310(b)(6) regarding the Defendant’s Counsel will topics and subjects listed on appear by phone. Schedule “A” and documents listed on Schedule “B”, and individually regarding Plaintiff's claim and predicate information within their personal knowledge. '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/04/2021 10:17:57 AM ***The deponent(s) is/are directed to produce for inspection or copying at the time of deposition the documents called for in the attached Schedule “B” (and as to any documents over which a claim of privilege is asserted, a privilege log per Rule 1.280(b)(5)). The deposition(s) is/are being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. The deposition will continue from day to day until completed. In an effort to expedite depositions(s), Plaintiffs’ counsel requests that the requested documents responsive to Schedule “B” be produced at least ten (10) days before the date of the deposition(s), to allow the parties to conduct the deposition quickly and efficiently. This will eliminate the need for Plaintiff's counsel having to review the documents for the first time at the deposition(s) with the deponent(s). Plaintiff will reimburse deponent(s) for all reasonable costs associated with producing the requested documents prior to depositions. Further, to the extent any privilege or confidentiality is claimed to apply to the requested documents, the deponent(s) are directed to bring such responsive documents to the deposition(s) so that they can fully answer all of counsel’s questioning. However, a privilege log as contemplated under Florida Rule of Civil Procedure 1.280(b)(5) may be produced prior to and at the deposition(s) in lieu of the actual documents over which such claim(s) is asserted. Any such privileged documents are nonetheless requested to be available at the deposition(s) for the deponent(s) to review during the deposition(s) in order to fully answer all questions. Such review will not be deemed a waiver of any claimed privilege.CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Email, pursuant to Rule 2.516(b)(1) to: Joshua Gluck, Esq., via transmission of Notice of Electronic Filing generated by eservice@myflcourtaccess.com and/or was sent by electronic mail to the above addressees, this 4th day of March. 2021. Respectfully submitted, PAZOS LAW GROUP, P.A. 800 Douglas Rd, Suite 830 Coral Gables, FL 33134 T. (305) 330-1643 F. (305) 587-2098 Email: aileen@pazoslawgroup.com SERVICE EMAIL: serviceinsurance@pazoslawgroup.com /s/ Aileen Siles Aileen Siles, Esq. / Florida Bar No.: 1015640SCHEDULE “A” 1. The Corporate Representative designated by Defendant to testify regarding Defendant’s investigation, adjustment and valuation of the insured’s claim. 2. The Corporate Representative designated to testify regarding the factual basis and all policy language upon which Defendant’s Answer is based, including all denials and affirmative defenses raised by Defendant in this action. 3. The Corporate Representative who can identify and explain how the events occurred to cause Plaintiffs’ damages constitute events excluded from the coverage provided by the policy of insurance or why Plaintiffs’ invoice and the insured’s claim is not otherwise covered under the policy of insurance. 4, The Corporate Representative who can describe, comprehensively and in detail, any and all decisions made on behalf of Defendant with regard to the adjustment, investigation, and payment or failure to pay Plaintiffs’ claim. 5. The Corporate Representative designated by Defendant to testify regarding the date Defendant reasonably anticipated litigation with Plaintiffs for the subject claim and all circumstances which gave rise to the Defendant’s reasonable expectation or belief that litigation would ensue, result or arise regarding Plaintiffs’ claim at issue in this lawsuit. 6 The Corporate Representative designated by Defendant to testify regarding Defendant’s responses to Plaintiffs’ discovery requests and all facts and policy language which support Defendant’s responses to Plaintiffs’ discovery responsesSCHEDULE “B” lL. All documents you reviewed in preparation for this deposition. 2. All documents you will rely on in responding to the topics in Schedule “A” during this deposition 3. For any documents withheld from paragraphs 1 and 2 above due to a claim of attomey-client privilege, work product privilege or any other claimed right of privilege, providea privilege log pursuant to Florida Rule of Civil Procedure 1.280(b)(5) 4. The complete original written, printed, and electronic claim file(s) of Defendant and its adjusters including all independent or third-party adjusters involved in adjusting, investigating and handling Plaintiffs’ claim (cover-to-cover), from the home office, regional office and local office for the subject claim, including but not limited to: a. All letters, memoranda, and other forms of written or computerized communication to or from any employee of Defendant that concern, refer, or relate in any way to the adjusting, processing, or handling of the claim at issue in this action. All written or computerized records of any oral communication, whether in person or by telephone, to or from any employee of Defendant that concern, refer, or relate in any way to the processing of the subject claim. All written or computerized records of any oral communication, whether in person or by telephone, between any employee, representative or agent of Defendant and Plaintiffs, or his/her representatives or agents thatconcern, refer, or relate in any way to the subject claim(s). All written or computerized records of any oral communication, whether in person or by telephone, between any employee of Defendant and any adjuster that concern, refer, or relate in any way to the subject claim(s). All written or computerized records of any investigation or adjustment activities by Defendant and its adjusters, from the date of loss through the earlier of the date of this lawsuit or the date litigation was first anticipated by Defendant with regard to the subject claim. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, to or from any employee of Defendant and its adjusters that concern, refer, or relate in any way to the decision to pay, deny, withhold, delay payment, or conditionally or partially pay Plaintiffs’ claim. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, betweenPlaintiffs’ and any employee of Defendant and its adjusters that concern, refer, or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment, or conditionally or partially pay Plaintiffs’ claim. h. All written or computerized communications and written or computerized records of oral communications, whether in person or by telephone, between any employee of Defendant and any third party that concern, refer, or relate in any way to the decision by any employee of Defendant to pay, deny, withhold, delay payment, or conditionally or partially pay Plaintiffs’ claim. i. All activity logs, diaries, claim notes or logs created by any adjuster, claim representative, manager, or supervisor of Defendant or third-party adjusters during the adjustment of Plaintiffs’ claim up until the date of this lawsuit or the date Defendant reasonably anticipated litigation in connection with the claim at issue in this action. j. The file folders in which the preceding documents are kept. k. All reports and correspondence. 1. Tapes — video and audio. m. Photographs and original negatives. 5. Copies of all documentation whatever kind or nature in your possession, custody or control concerning the subject loss, and all files relating to Plaintiffs’, its claim for damages, including but not limited to, certified copies of any applicable insurance policies, recorded statements, documentation of the claim such as proofs of loss, damage estimates, reports or memoranda by Defendant’s adjuster(s) regarding the extent of damage and the reasons for payment, delay of payment, withholding of payment, or denial of payment of the subject claim. 6. All checks reflecting payments made to Plaintiffs to date. 7. A certified copy of the policy of insurance in effect on the subject date of loss. 8. Copies of all summaries of statements made by Plaintiffs and all recorded or transcribed statements taken by you, your representative(s) and/or your attorneys of Plaintiffs. 9. Copies of all correspondence, notices, reports or other communications between you and your representatives and Plaintiffs and their representatives regarding the loss at the insured property. 10. Copies of all letters from Defendant that make payment deny payment, authorize payment or withhold payment for the subject claim.11. Copies of all documents in your possession, custody or control relating to the insured property, including but not limited to: photographs, video tapes, estimates, sketches, drawings, field notes, estimate for damage(s), reports relied upon by you, reports prepared by you or reports prepared for you or on your behalf of the Plaintiffs regarding the loss at the insured property. 12. Copies of all property damage inventories, estimates or reports prepared and received by you and upon which you relied in reaching your conclusions concerning valuation of the loss. 13. Copies of all other documents relied upon by you in reaching any conclusions regarding the Plaintiffs’ insurance claim and the coverage and payment decisions made on Plaintiffs’ claim, including all books, tables, depreciation tables, guides, price lists, whatsoever used by you in determining the valuation of the property or property damage sustained by the Plaintiffs, the methods of computation used by your in arriving at valuation figures for the property, all reports, calculations, estimates and the like relied upon by you in arriving at any and all figures used in determining the damage to the property. 14. Any and all documents, statements, notes, measurements, test results and related materials relied upon by you in reaching your conclusion to make payment, deny payment, authorize payment or withhold payment of the subject claim. 15. All documents which indicate or support the date when Defendant contents it first reasonably expected or anticipated litigation with Plaintiffs’ and the reasons and factual circumstances which gave rise to that expectation or belief. 16. Defendant’s Privilege Log prepared pursuant to Florida Rule of Civil Procedure 1.280(b)(5) identifying with particularity any and all document withheld from Defendant’s response to the preceding paragraphs as privileged, confidential, or otherwise protected from discovery.