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Filing # 135673730 E-Filed 09/30/2021 02:46:55 PM
IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
LIANE NOVICK,
Plaintiff, Case No. 50-2021-CC-012571-XXXX-MB
vs.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
SEE EEE EE Pee Ee eee EEE EE EE eee eee Eee
PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM
OF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE
PURSUANT TO FLORIDA RULES OF CIVIL PROCEDURE 1.310(b)(6)
PLEASE TAKE NOTICE that counsel for the Plaintiff will take the deposition of:
DEPONENT : UNITED PROPERTY & CASUALTY INSURANCE
COMPANY’S DESIGNATED CORPORATE
REPRESENTATIVE
DATE & TIME: —_ January 6, 2022, at 10:00 a.m.
PLACE : Zoom Video Conference (link info to be provided)
[ This deposition was coordinated with Emily Kirchgraber of Bressler, Amery & Ross P.C. on September 28, 2021. |
Upon oral examination before a court reporter or any other Notary Public or officer authorized by
law to take depositions in the State of Florida. The oral examination will continue from hour to
hour and day to day until completed. This deposition is being taken for the purpose of discovery,
for use at trial, or for such other purposes as are permitted under the Rules of Court.
DEPONENT SHOULD BE PREPARED TO RESPOND TO AREAS OF INQUIRY SET
FORTH IN SCHEDULE “A.”
YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT
YOU HAVE WHICH ARE LISTED IN THE ATTACHED SCHEDULE “B.”
To the extent that Defendant claims any privilege or confidentiality applies to the documents
requested, the deponent(s) is directed to bring such responsive documents to the deposition(s) so
that they can fully answer all of Plaintiffs’ counsel’s questions. 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 claims(s) is asserted. Plaintiffs
request that Defendant make any such privileged documents available to Defendant’s designee(s)
during the deposition, so that Defendant’s designee may fully answer all questions. Such review
will not be deemed a waiver of any claimed privilege.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/30/2021 02:46:55 PM ***LIANE NOVICK vs
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
Case No. 50-2021-CC-012571-XXXX-MB
Plaintiff's Notice Of Taking
Deposition Duces Tecum, et al.
Page #2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 30, 2021, a true and correct copy of this Notice was
electronically filed with the Clerk of the Courts via the Florida Courts E-Filing Portal and served pursuant
to Fla. R. Jud. Admin. 2.516 via the Portal to: Bressler, Amery & Ross, P.C., at
miainsurance@bressler.com; bgarofalo@bressler.com and blattin@bressler.com
JENKINS LAW, P.L.
lol Games S. Veuhin .
James S. Jenkins, III, Esquire
FBN: 56083
Derek Hendricks, Esquire
FBN: 48979
275 96th Ave. N., Suite 5 St.
Petersburg, FL 33702
im@jenkinslawpl.com
derek@jenkinslawpl.com
eservice@jenkinlawpl.com
holly@jenkinslawpl.com
ce: Maxa Enterprises, Inc.LIANE NOVICK vs
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
Case No. 50-2021-CC-012571-XXXX-MB
Plaintiff's Notice Of Taking
Deposition Duces Tecum, et al.
Page #3
SCHEDULE “A”
Pursuant to Florida Rules of Civil Procedure 1.310(b)(6), you are respectfully requested to
designate Defendant’s Corporate Representative(s) to testify on its behalf as to the issues listed
below:
10.
11.
All reasons why the Defendant failed to pay the Insured’s claim.
Whether the terms of the policy at issue restrict payment in this case. The Deponent should
be prepared to identify the specific passages of the policy that relate to the denial/reduction
of the Insured’s damage.
The identification of all persons who were involved in the Insurer’s decision to reduce or
deny payment in this matter.
The identification of all experts or consultants who rendered any opinions that were relied
upon by the Insurer in reducing or denying payment for the matter at issue.
Each and every reason that you assert a basis for reducing or denying payment for the
matter at issue.
The witness should be prepared to provide all facts which support the affirmative defenses
asserted in this matter and the identification of all known witnesses with reference to such
facts.
Identification of the policy, policy number and claim number for the subject matter.
The cause of loss that Defendant attributed to the Insured’s claim, and all facts supporting
Defendant’s determination.
The existence and application of any deductible under the subject policy.
The method employed by the Defendant to determine the amount of the reimbursement for
the matter at issue.
The scheduling of all Examinations Under Oath (EUO) scheduled by the Defendant in the
subject claim, the manner in which such EUOs were scheduled, whether the EUO was
attended, any correspondence or reasons relating to any failure to attend such EUOs, and
any attempts by the Defendant to accommodate the claimant by rescheduling or otherwise.LIANE NOVICK vs
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
Case No. 50-2021-CC-012571-XXXX-MB
Plaintiff's Notice Of Taking
Deposition Duces Tecum, et al.
Page #4
12.
13.
14.
15.
16.
If you claim fraud or misrepresentation, the witness should be prepared to testify how they
telied upon it, and how it affected underwriting premium and coverage.
The relationship between the Insurer and any agent involved in the sale and issuance of the
policy.
Identify how the Insured failed to comply with the insurance policy’s conditions prior to
commencing litigation.
Identification and description of all documents within the Defendant’s possession, custody
or control that have not been produced for any reason.
All written discovery responses served by the Defendant in this matter.
[ Remainder of page intentionally left blank. |LIANE NOVICK vs
UNITED PROPERTY & CASUALTY INSURANCE COMPANY
Case No. 50-2021-CC-012571-XXXX-MB
Plaintiff's Notice Of Taking
Deposition Duces Tecum, et al.
Page #5
SCHEDULE “B”
1. Curriculum Vitae or current resume.
2. All non-privileged documents and materials, whether electronic or otherwise, including
LIANE NOVICK’s claim, any correspondence, notes, letters, pleadings, photographs,
audio recordings, video recordings, communications, or information, that you have
reviewed, relied upon, referenced, or heard of that relate or pertain in any way to this
lawsuit from any source, including such documents or materials that were used or relied
upon by you in making your opinion for claim number 20FL00079111.
To the extent Defendant contends that any of the requests listed above seek documents
protected by privilege, Plaintiffs request that Defendant prepare and produce prior to
the deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiffs
also requests that the documents Defendant asserts are privileged be brought to the
deposition and made available to the deponent for the sole purpose of refreshing the
deponent's recollection, to allow competent testimony during the deposition.
Preview
Filing # 135673730 E-Filed 09/30/2021 02:46:55 PM IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA LIANE NOVICK, Plaintiff, Case No. 50-2021-CC-012571-XXXX-MB vs. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. SEE EEE EE Pee Ee eee EEE EE EE eee eee Eee PLAINTIFF’S NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE PURSUANT TO FLORIDA RULES OF CIVIL PROCEDURE 1.310(b)(6) PLEASE TAKE NOTICE that counsel for the Plaintiff will take the deposition of: DEPONENT : UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S DESIGNATED CORPORATE REPRESENTATIVE DATE & TIME: —_ January 6, 2022, at 10:00 a.m. PLACE : Zoom Video Conference (link info to be provided) [ This deposition was coordinated with Emily Kirchgraber of Bressler, Amery & Ross P.C. on September 28, 2021. | Upon oral examination before a court reporter or any other Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from hour to hour and day to day until completed. This deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court. DEPONENT SHOULD BE PREPARED TO RESPOND TO AREAS OF INQUIRY SET FORTH IN SCHEDULE “A.” YOU ARE REQUIRED TO HAVE WITH YOU ALL ORIGINAL DOCUMENTS THAT YOU HAVE WHICH ARE LISTED IN THE ATTACHED SCHEDULE “B.” To the extent that Defendant claims any privilege or confidentiality applies to the documents requested, the deponent(s) is directed to bring such responsive documents to the deposition(s) so that they can fully answer all of Plaintiffs’ counsel’s questions. 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 claims(s) is asserted. Plaintiffs request that Defendant make any such privileged documents available to Defendant’s designee(s) during the deposition, so that Defendant’s designee may fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 09/30/2021 02:46:55 PM ***LIANE NOVICK vs UNITED PROPERTY & CASUALTY INSURANCE COMPANY Case No. 50-2021-CC-012571-XXXX-MB Plaintiff's Notice Of Taking Deposition Duces Tecum, et al. Page #2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 30, 2021, a true and correct copy of this Notice was electronically filed with the Clerk of the Courts via the Florida Courts E-Filing Portal and served pursuant to Fla. R. Jud. Admin. 2.516 via the Portal to: Bressler, Amery & Ross, P.C., at miainsurance@bressler.com; bgarofalo@bressler.com and blattin@bressler.com JENKINS LAW, P.L. lol Games S. Veuhin . James S. Jenkins, III, Esquire FBN: 56083 Derek Hendricks, Esquire FBN: 48979 275 96th Ave. N., Suite 5 St. Petersburg, FL 33702 im@jenkinslawpl.com derek@jenkinslawpl.com eservice@jenkinlawpl.com holly@jenkinslawpl.com ce: Maxa Enterprises, Inc.LIANE NOVICK vs UNITED PROPERTY & CASUALTY INSURANCE COMPANY Case No. 50-2021-CC-012571-XXXX-MB Plaintiff's Notice Of Taking Deposition Duces Tecum, et al. Page #3 SCHEDULE “A” Pursuant to Florida Rules of Civil Procedure 1.310(b)(6), you are respectfully requested to designate Defendant’s Corporate Representative(s) to testify on its behalf as to the issues listed below: 10. 11. All reasons why the Defendant failed to pay the Insured’s claim. Whether the terms of the policy at issue restrict payment in this case. The Deponent should be prepared to identify the specific passages of the policy that relate to the denial/reduction of the Insured’s damage. The identification of all persons who were involved in the Insurer’s decision to reduce or deny payment in this matter. The identification of all experts or consultants who rendered any opinions that were relied upon by the Insurer in reducing or denying payment for the matter at issue. Each and every reason that you assert a basis for reducing or denying payment for the matter at issue. The witness should be prepared to provide all facts which support the affirmative defenses asserted in this matter and the identification of all known witnesses with reference to such facts. Identification of the policy, policy number and claim number for the subject matter. The cause of loss that Defendant attributed to the Insured’s claim, and all facts supporting Defendant’s determination. The existence and application of any deductible under the subject policy. The method employed by the Defendant to determine the amount of the reimbursement for the matter at issue. The scheduling of all Examinations Under Oath (EUO) scheduled by the Defendant in the subject claim, the manner in which such EUOs were scheduled, whether the EUO was attended, any correspondence or reasons relating to any failure to attend such EUOs, and any attempts by the Defendant to accommodate the claimant by rescheduling or otherwise.LIANE NOVICK vs UNITED PROPERTY & CASUALTY INSURANCE COMPANY Case No. 50-2021-CC-012571-XXXX-MB Plaintiff's Notice Of Taking Deposition Duces Tecum, et al. Page #4 12. 13. 14. 15. 16. If you claim fraud or misrepresentation, the witness should be prepared to testify how they telied upon it, and how it affected underwriting premium and coverage. The relationship between the Insurer and any agent involved in the sale and issuance of the policy. Identify how the Insured failed to comply with the insurance policy’s conditions prior to commencing litigation. Identification and description of all documents within the Defendant’s possession, custody or control that have not been produced for any reason. All written discovery responses served by the Defendant in this matter. [ Remainder of page intentionally left blank. |LIANE NOVICK vs UNITED PROPERTY & CASUALTY INSURANCE COMPANY Case No. 50-2021-CC-012571-XXXX-MB Plaintiff's Notice Of Taking Deposition Duces Tecum, et al. Page #5 SCHEDULE “B” 1. Curriculum Vitae or current resume. 2. All non-privileged documents and materials, whether electronic or otherwise, including LIANE NOVICK’s claim, any correspondence, notes, letters, pleadings, photographs, audio recordings, video recordings, communications, or information, that you have reviewed, relied upon, referenced, or heard of that relate or pertain in any way to this lawsuit from any source, including such documents or materials that were used or relied upon by you in making your opinion for claim number 20FL00079111. To the extent Defendant contends that any of the requests listed above seek documents protected by privilege, Plaintiffs request that Defendant prepare and produce prior to the deposition a privilege log that complies with Fla. R. Civ. P. 1.280(b)(5). Plaintiffs also requests that the documents Defendant asserts are privileged be brought to the deposition and made available to the deponent for the sole purpose of refreshing the deponent's recollection, to allow competent testimony during the deposition.