Preview
Filing # 141367125 E-Filed 01/05/2022 09:45:14 AM
IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
2020
CASE NO: 50-2084 -CC-012571-XXXX-MB
LIANE NOVICK,
Plaintiff,
Vs.
UNITED PROPERTY & CASUALTY INSURANCE
COMPANY,
Defendant.
PLAINTIFF’S RE-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: Wednesday, February 16, 2022 at 10:00 a.m.
PLACE: Zoom Video Conference (link info to be provided)
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.”
"* FILED: PALM BEACH COUNTY. FL JOSEPH ABRUZZO, CLERK. 01/05/2022 09:45:14 AM ***Liane Novick vs United Property & Casualty Ins. Co.
Case No,: 50-2021-CC-01257 1-XXXX-MB
Plainti’s Re-notce of Taking Deposition Duces Tecum, et al
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 ine deposition, so that Detendant's designee may fully answer all questions. Such review
will not be deemed a waiver of any claimed privilege.
CERTIFICATE OF SERVICE
RY CERTIFY that on Jamary 5, 2097, atme and correct cony af thic
* eee
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.
Respectfully Submitted,
James S. Jenkins, II, Esquire
FBN: 56083
Linda Pisano, Esquire
FBN: 98620
Abbie Cuellar
FBN: 97756
Jenkins Law, P.L.
275 96th Ave. N., Suite 5
St. Petersburg, FL 33702
jim@jenkinslawpl.com
eservice@jenkinslawplcom
inda@jenki
abbie@jenkinslawpLcom
jodi@jenksinlawpl.com
Cc: Maxa EnterprisesLiane Novick vs United Property & Casualty Ins. Co.
Case No,: 50-2021-CC-01257 1-XXXX-MB
Plainti’s Re-notce of Taking Deposition Duces Tecum, et al
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:
1. All reasons why the Defendant failed to pay the Insured’s claim.
2. 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.
3. The identification of all persons who were involved in the Insurer’s decision to reduce or
deny payment in this matter.
4. 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.
5. Each and every reason that you assert a basis for reducing or denying payment for the
matter at issue.
6. 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.
7. Identification of the policy, policy number and claim number for the subject matter.
8. The cause of loss that Defendant attributed to the Insured’s claim, and all facts supporting
Defendant’s determination.
9. The existence and application of any deductibie under the subject poitcy.
10. The method employed by the Defendant to determine the amount of the reimbursement
for the matter at issue.
11. 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
12. Was aiiended, any corespondence oF reasons relating to any failure io attend such
EUOs, and any attempts by the Defendant to accommodate the claimant by
rescheduling or otherwise.
13. If you claim fraud or misrepresentation, the witness should be prepared to testify how
they relied upon it, and how it affected underwriting premium and coverage.
1A Tha valatinnchin hatraan tha Inonrar and ant agant inunluad in tha sala and jeenanca nf
1, ane Tiaucnsmip OCUWeCn ule AouIcL amu any agen LVOLVCU il Wie Sau alu issuallce OL
the policy.Liane Novick vs United Property & Casualty Ins. Co.
Case No,: 50-2021-CC-01257 1-XXXX-MB
Plainti’s Re-notce of Taking Deposition Duces Tecum, et al
15. Identify how the Insured failed to comply with the insurance policy’s conditions prior to
commencing litigation.
16. Identification and description of all documents within the Defendant’s possession,
custody or control that have not been produced for any reason.
17. All written discovery responses served by the Defendant in this matter.
[SPACE INTENTIONALLY LEFT BLANK]Liane Novick vs United Property & Casualty Ins. Co.
Case No,: 50-2021-CC-01257 1-XXXX-MB
Plainti’s Re-notce of Taking Deposition Duces Tecum, et al
SCHEDULE “B”
1._ Curriculum Vitae or current resume.
2._All non-privileged documents and materials, whether electronic or otherwise, including
LIANE NOVICK, 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 ihe extent Defendant contends thai any of ihe 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). Plaintiff 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 # 141367125 E-Filed 01/05/2022 09:45:14 AM IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2020 CASE NO: 50-2084 -CC-012571-XXXX-MB LIANE NOVICK, Plaintiff, Vs. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. PLAINTIFF’S RE-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: Wednesday, February 16, 2022 at 10:00 a.m. PLACE: Zoom Video Conference (link info to be provided) 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.” "* FILED: PALM BEACH COUNTY. FL JOSEPH ABRUZZO, CLERK. 01/05/2022 09:45:14 AM ***Liane Novick vs United Property & Casualty Ins. Co. Case No,: 50-2021-CC-01257 1-XXXX-MB Plainti’s Re-notce of Taking Deposition Duces Tecum, et al 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 ine deposition, so that Detendant's designee may fully answer all questions. Such review will not be deemed a waiver of any claimed privilege. CERTIFICATE OF SERVICE RY CERTIFY that on Jamary 5, 2097, atme and correct cony af thic * eee 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. Respectfully Submitted, James S. Jenkins, II, Esquire FBN: 56083 Linda Pisano, Esquire FBN: 98620 Abbie Cuellar FBN: 97756 Jenkins Law, P.L. 275 96th Ave. N., Suite 5 St. Petersburg, FL 33702 jim@jenkinslawpl.com eservice@jenkinslawplcom inda@jenki abbie@jenkinslawpLcom jodi@jenksinlawpl.com Cc: Maxa EnterprisesLiane Novick vs United Property & Casualty Ins. Co. Case No,: 50-2021-CC-01257 1-XXXX-MB Plainti’s Re-notce of Taking Deposition Duces Tecum, et al 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: 1. All reasons why the Defendant failed to pay the Insured’s claim. 2. 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. 3. The identification of all persons who were involved in the Insurer’s decision to reduce or deny payment in this matter. 4. 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. 5. Each and every reason that you assert a basis for reducing or denying payment for the matter at issue. 6. 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. 7. Identification of the policy, policy number and claim number for the subject matter. 8. The cause of loss that Defendant attributed to the Insured’s claim, and all facts supporting Defendant’s determination. 9. The existence and application of any deductibie under the subject poitcy. 10. The method employed by the Defendant to determine the amount of the reimbursement for the matter at issue. 11. 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 12. Was aiiended, any corespondence oF reasons relating to any failure io attend such EUOs, and any attempts by the Defendant to accommodate the claimant by rescheduling or otherwise. 13. If you claim fraud or misrepresentation, the witness should be prepared to testify how they relied upon it, and how it affected underwriting premium and coverage. 1A Tha valatinnchin hatraan tha Inonrar and ant agant inunluad in tha sala and jeenanca nf 1, ane Tiaucnsmip OCUWeCn ule AouIcL amu any agen LVOLVCU il Wie Sau alu issuallce OL the policy.Liane Novick vs United Property & Casualty Ins. Co. Case No,: 50-2021-CC-01257 1-XXXX-MB Plainti’s Re-notce of Taking Deposition Duces Tecum, et al 15. Identify how the Insured failed to comply with the insurance policy’s conditions prior to commencing litigation. 16. Identification and description of all documents within the Defendant’s possession, custody or control that have not been produced for any reason. 17. All written discovery responses served by the Defendant in this matter. [SPACE INTENTIONALLY LEFT BLANK]Liane Novick vs United Property & Casualty Ins. Co. Case No,: 50-2021-CC-01257 1-XXXX-MB Plainti’s Re-notce of Taking Deposition Duces Tecum, et al SCHEDULE “B” 1._ Curriculum Vitae or current resume. 2._All non-privileged documents and materials, whether electronic or otherwise, including LIANE NOVICK, 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 ihe extent Defendant contends thai any of ihe 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). Plaintiff 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.