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Filing #55975414 E-Filed 05/04/2017 12:25:18 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
ANGEL FERRER, and JULIA FERRER,
Plaintité,
Vv, GENERAL JURISDICTION DIVISION
TOWER HILL SIGNATURE INSURANCE — CASE NO.:
COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT
Plaintiffs, ANGEL FERRER and JULIA FERRER, (the “Insured”), pursuant to Rule
1.350, Fla. R. Civ, P., requests Defendant to produce the items and matters hereinafter set forth
within forty-five (45) days from the date of service hereof.
DEFINITION AND INSTRUCTIONS
The term "Plaintiff(s)"" means ANGEL FERRER and JULIA FERRER, and his/her/their agents,
contractors, attorneys, and all other persons acting or purporting to act on his/her/their behalf.
The term “Insured(s)" means the named insured, ANGEL FERRER and JULIA FERRER and their
agents, contractors, attorneys, and all other persons acting or purporting to act on their behalf.
The term "You" or "Defendant" means TOWER HILL SIGNATURE INSURANCE COMPANY,
and its agents, employees, independent contractors, subsidiaries, divisions, parent company,
holding company, directors, officers, attorneys, and all other persons acting or purporting to act on
its behalf.
The term "Policy" means the policy, number PIH0504557, which Defendant issued to Insured for
the property located at 4636 Salvia Dr, Orlando, FL 32839, that was in effect on the date of loss
alleged in Plaintiffs' Complaint filed in this action.
The term "Insured Building" or "Insured Property" means the insured structure and for its contents
located at the address alleged in Plaintiffs Complaint filed in this action.
The term "Loss" means the event at issue in which the Insured suffered property damage, on the
date of loss alleged in the Complaint.
The term "person" means any natural person, individual, proprietorship, partnership, corporation,
association, organization, joint venture, firm, other business enterprise, governmental body, group
of natural persons or other entity.
The term "document" or "documents" means any written, typed, or graphic matter or other means
of preserving thought or expression and all tangible things from which information can be
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processed or transcribed, including the originals and all non-identical copies, whether different
from the original by reason of any notation made on such copy or otherwise, including, but not
limited to, correspondence, emails, memoranda, notes, messages, letters, telegrams, teletype,
telefax, bulletins, meetings or other communications, interoffice and interoffice telephone calls,
diaries, claim diaries, electronic claim notes, chronological data, minutes, books, reports, studies,
summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts, returns,
computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled
checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and
all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic
or natural records or representations of any kind (including without limitation photographs,
photographic negative, microfiche, microfilm, videotape, recordings, motion pictures, phonograph
recordings, transcripts or log of such recording, projection), electronic, computer, mechanical, or
electric records or representations of any kind (including without limitation tapes, cassettes, discs
and records), and binders, cover notes, certificates, analysis, study memoranda, note lists, diaries,
logs, questionnaires, bills, purchase orders, shipping orders, memorandum of contract, agreements,
licenses, permits, orders, financial data, acknowledgements, computer or data procession cards,
computer or data processing discs, and other data compilations from which information can be
obtained or translated, reports and/or summaries of investigations, drafts and revisions of drafts of
any documents and original preliminary notes or sketches, no matter how produced or maintained,
in your actual or constructive possession, custody or control, whether prepared, published or
released by you or by any other person. If data is stored on computer or electronic media
(intercompany email, for example), produce hard copies of each such document." "Documents"
includes all attachments and enclosures.
The term "all documents" means every document or group of documents, as above defined, that
are known to you or that can be located or discovered by reasonably diligent efforts.
10 As used herein, the singular shall include the plural, the plural shall include the singular, and
masculine feminine and neuter shall include each of the other genders.
11 The connectives "and" and “or" shall be construed either disjunctive or conjunctively as necessary
to bring within the scope of these requests all responses that might otherwise be construed to be
outside their scope.
12. The terms "coverage letter(s)" means the correspondence from You to the Insured throughout the
claim at issue regarding Your position as to coverage for the Loss,
13. The terms "relating to” or "in any way related to" means in whole or in part constituting,
containing, concerning, discussing, commending upon, describing, analyzing, identifying, stating,
pertaining to, referring to, or forming the basis of.
14 "Identify" and "identity" mean:
a. With respect to a natural person, to state the person's name, title at the time in
question, employer and business address at the time in question, and the current or
last known employer, business address, and home address;
With respect to an organization or entity, to state the full legal name of the entity
and full name by which the organization or entity is commonly known or does
business;
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c. With respect to a document, to state the name(s) and title(s) of the author(s) and/or
signatory(ies), addressee(s), and recipient(s) of any copies; the subject matter or
title; the date of the document; the division, department, or unit of your organization
with which the author(s) and or addressee(s) are or were affiliated; and its present
location and custodian; and
With respect to an oral communication to state the names and titles of all persons
involved in the communication, and the date and approximate time of the
communication.
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PLAINTIFF'S FIRST REQUEST FOR PRODUCTION
1 A certified and complete copy of the Policy that Defendant issued to the Insured
that was in effect on or about September 29, 2016.
2 All documents reflecting Defendant's inspection(s) of the Insured Property after
September 29, 2016.
3 All documents reflecting Defendant's inspection(s) of the Insured Property before
September 29, 2016, covering the preceding five (5) years.
4 All documents reflecting Defendant's inspection(s) of the Insured Property during
the Defendant's underwriting of the Insured's Policy.
5 All documents reflecting Defendant's inspection(s) of the Insured Property during
Defendant's underwriting of all insurance policies Defendant issued to the Insured for the Insured
Property prior to September 29, 2016.
6 All photographs and/or videos submitted by Plaintiff to Defendant in any way
related to the Loss.
7. All photographs and/or videos submitted by Defendant to. Plaintiff in any way
related to the Loss.
8 All photographs and/or videos taken by Defendant in any way related to the Loss.
9 All correspondence, emails and all other documents provided by Plaintiff and/or
the Insured, to Defendant in any way related to the Loss.
10. All correspondence, emails and all other documents provided by Defendant, to
Plaintiff and/or the Insured in any way related to the Loss.
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11, All documents reflecting Defendant's efforts to investigate the Loss.
12. All documents documenting or supporting Defendant's affirmative defenses, or that
Defendant anticipates will support Defendant's reasons for denying the supplemental claim.
13. All documents, including but not limited to estimates, reports, testing, photographs
and/or videos created by Defendant, Defendant's adjusters, Defendant's loss consultants, or by any
expert retained by Defendant to testify in these proceedings, including but not limited to plumbers
and engineers, in any way related to the Loss.
14. All documents identified in Defendant's Answers to Plaintiffs First Set of
Interrogatories.
15. A current curriculum vitae and all biographical information for all person(s) who
inspected the Insured Property for or on behalf of Defendant following the Loss which will testify
in these proceedings.
16. All documents in any way related to the damage caused to the Insured Property
from the alleged Loss.
17. All documents documenting or supporting Plaintiffs claim. for collection of its
Invoice from Defendant in this lawsuit.
18. All documents reflecting the relationship between Defendant and the adjuster that
assisted Defendant in investigating, adjusting, and/or evaluating Plaintiffs Loss.
19. All documents that support any denials by Defendant of Plaintiffs First Request for
Admissions.
20. All reports relating to the damage the Insured Property sustained during or as a
result of the Loss.
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21 All reports relating to the condition of the Insured Property before the Loss.
22 All reports relating to the condition of the Insured Property after the Loss.
23 All documents showing when the Insureds notified Defendant of the Loss.
24. All documents showing when Plaintiff notified Defendant of the Loss.
25 All electronic claim notes made by or on behalf of Defendant in any way relating
to the Loss, or the condition of Insured Property at the time of Loss.
26. The part of Defendant's claim file that Defendant reasonably expects to rely upon
at trial in this action.
27. The part of Defendant's claim file that Defendant reasonably expects to use at trial
in support of its affirmative defenses.
28. All documents that Defendant reasonably expects to rely upon at trial in this action.
29. All documents that Defendant reasonably expects to use at trial in support of its
affirmative defenses.
30. All estimates prepared by Defendant in any way related to the amount claimed by
Plaintiff in this action.
31. All estimates prepared by adjusters, contractors, loss consultants, or any other
person or entity for Defendant, that are in any way related to the amount claimed by Plaintiff in
this action.
32. All documents Defendant provided to the person(s) who investigated, adjusted or
otherwise evaluated the Loss.
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33. All documents reflecting any communication between Defendant, and any of
Defendant's agents, independent adjusters, plumbers, engineers or other representatives, in any
way related to the Loss.
34, All underwriting documents in any way relating to the condition of the Insured
Property before the Loss.
35. The underwriting file kept by Defendant regarding the Insured Property dating from
the inception of Defendant's Policy on the Insured Premises through the present time.
36. All insurance applications the Insured submitted to Defendant regarding the Insured
Property.
37. All documents containing any facts supporting any of Defendant's affirmative
defenses.
38. All correspondence and documents between Defendant and any third parties,
excluding Defendant's attorney, in any way related to (1) the condition of the Insured Property
before the Loss; or (2) the damage to the Insured Property sustained during the Loss.
39. All reports relating to the damages sustained to Insured Property during or as a
result of the Loss.
40. All documents showing or pertaining to any repairs made to the Insured Property
by or on behalf of the Insured prior to the Loss, including but not limited to repair invoices,
estimates, canceled checks, credit card receipts, contracts for repair, receipts, certificates of
completion, notices of commencement, special assessment notices, payment logs, building permits
and building permit applications.
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41. All documents showing or pertaining to any repairs made to the Insured Property
by or on behalf of the Insured after the Loss, including but not limited to repair invoices, estimates,
canceled checks, credit card receipts, contracts for repair, receipts, certificates of completion,
notices of commencement, special assessment notices, payment logs, building permits and
building permit applications.
42. All recorded statements given or provided by the Insureds regarding the Loss. This
request seeks a copy of the recording itself, not Defendant's transcript of the recorded statement.
43. All recorded statements given or provided by anyone besides the Insured regarding
the Loss. This request seeks a copy of the recording itself, not Defendant's transcript of the
recorded,
44 All Coverage Letters sent by Defendant to the Insureds in any way related to the
Loss.
45. All interoffice correspondence, emails, and electronically stored information
related to Policy Number PIH0504557 or Claim number 2800187268.
CERTIFICATE OF SERVICE
IT HEREBY CERTIFY that a true and correct copy of the Request for Production was
served upon the Defendant along with the Summons and Complaint.
LAW OFFICE OF DAVID D. GONGORA, P.A.
5401 S. Kirkman Rd., Suite 310
Orlando, FL 32819
Telephone: (407) 500-2524
Primary Email: David@davidgongora.com
Secondary Email: gal ssistA @davidgongora.com
2"4 Secondary Erp dGongoraEsq@gmail.com
\)
eZ
David D. Gon, bra, Esq. FBN: 110745
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Filing #55975414 E-Filed 05/04/2017 12:25:18 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA ANGEL FERRER, and JULIA FERRER, Plaintité, Vv, GENERAL JURISDICTION DIVISION TOWER HILL SIGNATURE INSURANCE — CASE NO.: COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT Plaintiffs, ANGEL FERRER and JULIA FERRER, (the “Insured”), pursuant to Rule 1.350, Fla. R. Civ, P., requests Defendant to produce the items and matters hereinafter set forth within forty-five (45) days from the date of service hereof. DEFINITION AND INSTRUCTIONS The term "Plaintiff(s)"" means ANGEL FERRER and JULIA FERRER, and his/her/their agents, contractors, attorneys, and all other persons acting or purporting to act on his/her/their behalf. The term “Insured(s)" means the named insured, ANGEL FERRER and JULIA FERRER and their agents, contractors, attorneys, and all other persons acting or purporting to act on their behalf. The term "You" or "Defendant" means TOWER HILL SIGNATURE INSURANCE COMPANY, and its agents, employees, independent contractors, subsidiaries, divisions, parent company, holding company, directors, officers, attorneys, and all other persons acting or purporting to act on its behalf. The term "Policy" means the policy, number PIH0504557, which Defendant issued to Insured for the property located at 4636 Salvia Dr, Orlando, FL 32839, that was in effect on the date of loss alleged in Plaintiffs' Complaint filed in this action. The term "Insured Building" or "Insured Property" means the insured structure and for its contents located at the address alleged in Plaintiffs Complaint filed in this action. The term "Loss" means the event at issue in which the Insured suffered property damage, on the date of loss alleged in the Complaint. The term "person" means any natural person, individual, proprietorship, partnership, corporation, association, organization, joint venture, firm, other business enterprise, governmental body, group of natural persons or other entity. The term "document" or "documents" means any written, typed, or graphic matter or other means of preserving thought or expression and all tangible things from which information can be Page 1 of 8 processed or transcribed, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copy or otherwise, including, but not limited to, correspondence, emails, memoranda, notes, messages, letters, telegrams, teletype, telefax, bulletins, meetings or other communications, interoffice and interoffice telephone calls, diaries, claim diaries, electronic claim notes, chronological data, minutes, books, reports, studies, summaries, pamphlets, printed matter, charts, ledgers, invoices, worksheets, receipts, returns, computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases (and all drafts, alterations and modifications, changes and amendments of any of the foregoing), graphic or natural records or representations of any kind (including without limitation photographs, photographic negative, microfiche, microfilm, videotape, recordings, motion pictures, phonograph recordings, transcripts or log of such recording, projection), electronic, computer, mechanical, or electric records or representations of any kind (including without limitation tapes, cassettes, discs and records), and binders, cover notes, certificates, analysis, study memoranda, note lists, diaries, logs, questionnaires, bills, purchase orders, shipping orders, memorandum of contract, agreements, licenses, permits, orders, financial data, acknowledgements, computer or data procession cards, computer or data processing discs, and other data compilations from which information can be obtained or translated, reports and/or summaries of investigations, drafts and revisions of drafts of any documents and original preliminary notes or sketches, no matter how produced or maintained, in your actual or constructive possession, custody or control, whether prepared, published or released by you or by any other person. If data is stored on computer or electronic media (intercompany email, for example), produce hard copies of each such document." "Documents" includes all attachments and enclosures. The term "all documents" means every document or group of documents, as above defined, that are known to you or that can be located or discovered by reasonably diligent efforts. 10 As used herein, the singular shall include the plural, the plural shall include the singular, and masculine feminine and neuter shall include each of the other genders. 11 The connectives "and" and “or" shall be construed either disjunctive or conjunctively as necessary to bring within the scope of these requests all responses that might otherwise be construed to be outside their scope. 12. The terms "coverage letter(s)" means the correspondence from You to the Insured throughout the claim at issue regarding Your position as to coverage for the Loss, 13. The terms "relating to” or "in any way related to" means in whole or in part constituting, containing, concerning, discussing, commending upon, describing, analyzing, identifying, stating, pertaining to, referring to, or forming the basis of. 14 "Identify" and "identity" mean: a. With respect to a natural person, to state the person's name, title at the time in question, employer and business address at the time in question, and the current or last known employer, business address, and home address; With respect to an organization or entity, to state the full legal name of the entity and full name by which the organization or entity is commonly known or does business; Page 2 of 8 c. With respect to a document, to state the name(s) and title(s) of the author(s) and/or signatory(ies), addressee(s), and recipient(s) of any copies; the subject matter or title; the date of the document; the division, department, or unit of your organization with which the author(s) and or addressee(s) are or were affiliated; and its present location and custodian; and With respect to an oral communication to state the names and titles of all persons involved in the communication, and the date and approximate time of the communication. Page 3 of 8 PLAINTIFF'S FIRST REQUEST FOR PRODUCTION 1 A certified and complete copy of the Policy that Defendant issued to the Insured that was in effect on or about September 29, 2016. 2 All documents reflecting Defendant's inspection(s) of the Insured Property after September 29, 2016. 3 All documents reflecting Defendant's inspection(s) of the Insured Property before September 29, 2016, covering the preceding five (5) years. 4 All documents reflecting Defendant's inspection(s) of the Insured Property during the Defendant's underwriting of the Insured's Policy. 5 All documents reflecting Defendant's inspection(s) of the Insured Property during Defendant's underwriting of all insurance policies Defendant issued to the Insured for the Insured Property prior to September 29, 2016. 6 All photographs and/or videos submitted by Plaintiff to Defendant in any way related to the Loss. 7. All photographs and/or videos submitted by Defendant to. Plaintiff in any way related to the Loss. 8 All photographs and/or videos taken by Defendant in any way related to the Loss. 9 All correspondence, emails and all other documents provided by Plaintiff and/or the Insured, to Defendant in any way related to the Loss. 10. All correspondence, emails and all other documents provided by Defendant, to Plaintiff and/or the Insured in any way related to the Loss. Page 4 of 8 11, All documents reflecting Defendant's efforts to investigate the Loss. 12. All documents documenting or supporting Defendant's affirmative defenses, or that Defendant anticipates will support Defendant's reasons for denying the supplemental claim. 13. All documents, including but not limited to estimates, reports, testing, photographs and/or videos created by Defendant, Defendant's adjusters, Defendant's loss consultants, or by any expert retained by Defendant to testify in these proceedings, including but not limited to plumbers and engineers, in any way related to the Loss. 14. All documents identified in Defendant's Answers to Plaintiffs First Set of Interrogatories. 15. A current curriculum vitae and all biographical information for all person(s) who inspected the Insured Property for or on behalf of Defendant following the Loss which will testify in these proceedings. 16. All documents in any way related to the damage caused to the Insured Property from the alleged Loss. 17. All documents documenting or supporting Plaintiffs claim. for collection of its Invoice from Defendant in this lawsuit. 18. All documents reflecting the relationship between Defendant and the adjuster that assisted Defendant in investigating, adjusting, and/or evaluating Plaintiffs Loss. 19. All documents that support any denials by Defendant of Plaintiffs First Request for Admissions. 20. All reports relating to the damage the Insured Property sustained during or as a result of the Loss. Page 5 of 8 21 All reports relating to the condition of the Insured Property before the Loss. 22 All reports relating to the condition of the Insured Property after the Loss. 23 All documents showing when the Insureds notified Defendant of the Loss. 24. All documents showing when Plaintiff notified Defendant of the Loss. 25 All electronic claim notes made by or on behalf of Defendant in any way relating to the Loss, or the condition of Insured Property at the time of Loss. 26. The part of Defendant's claim file that Defendant reasonably expects to rely upon at trial in this action. 27. The part of Defendant's claim file that Defendant reasonably expects to use at trial in support of its affirmative defenses. 28. All documents that Defendant reasonably expects to rely upon at trial in this action. 29. All documents that Defendant reasonably expects to use at trial in support of its affirmative defenses. 30. All estimates prepared by Defendant in any way related to the amount claimed by Plaintiff in this action. 31. All estimates prepared by adjusters, contractors, loss consultants, or any other person or entity for Defendant, that are in any way related to the amount claimed by Plaintiff in this action. 32. All documents Defendant provided to the person(s) who investigated, adjusted or otherwise evaluated the Loss. Page 6 of8 33. All documents reflecting any communication between Defendant, and any of Defendant's agents, independent adjusters, plumbers, engineers or other representatives, in any way related to the Loss. 34, All underwriting documents in any way relating to the condition of the Insured Property before the Loss. 35. The underwriting file kept by Defendant regarding the Insured Property dating from the inception of Defendant's Policy on the Insured Premises through the present time. 36. All insurance applications the Insured submitted to Defendant regarding the Insured Property. 37. All documents containing any facts supporting any of Defendant's affirmative defenses. 38. All correspondence and documents between Defendant and any third parties, excluding Defendant's attorney, in any way related to (1) the condition of the Insured Property before the Loss; or (2) the damage to the Insured Property sustained during the Loss. 39. All reports relating to the damages sustained to Insured Property during or as a result of the Loss. 40. All documents showing or pertaining to any repairs made to the Insured Property by or on behalf of the Insured prior to the Loss, including but not limited to repair invoices, estimates, canceled checks, credit card receipts, contracts for repair, receipts, certificates of completion, notices of commencement, special assessment notices, payment logs, building permits and building permit applications. Page 7 of 8 41. All documents showing or pertaining to any repairs made to the Insured Property by or on behalf of the Insured after the Loss, including but not limited to repair invoices, estimates, canceled checks, credit card receipts, contracts for repair, receipts, certificates of completion, notices of commencement, special assessment notices, payment logs, building permits and building permit applications. 42. All recorded statements given or provided by the Insureds regarding the Loss. This request seeks a copy of the recording itself, not Defendant's transcript of the recorded statement. 43. All recorded statements given or provided by anyone besides the Insured regarding the Loss. This request seeks a copy of the recording itself, not Defendant's transcript of the recorded, 44 All Coverage Letters sent by Defendant to the Insureds in any way related to the Loss. 45. All interoffice correspondence, emails, and electronically stored information related to Policy Number PIH0504557 or Claim number 2800187268. CERTIFICATE OF SERVICE IT HEREBY CERTIFY that a true and correct copy of the Request for Production was served upon the Defendant along with the Summons and Complaint. LAW OFFICE OF DAVID D. GONGORA, P.A. 5401 S. Kirkman Rd., Suite 310 Orlando, FL 32819 Telephone: (407) 500-2524 Primary Email: David@davidgongora.com Secondary Email: gal ssistA @davidgongora.com 2"4 Secondary Erp dGongoraEsq@gmail.com \) eZ David D. Gon, bra, Esq. FBN: 110745 Page 8 of 8