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Filing # 132357180 E-Filed 08/10/2021 11:10:11 AM
IN THE CIRCUIT COURT OF THE
20 JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA
RICKY BURG, her spouse,
Plaintiffs,
V.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN
BRUNER; ABIGAIL UTECH; SOVI JOSEPH,
M.D., P.A.; SOVI JOSEPH; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP; CATHY CRISS; LIFE
CARE CENTERS OF AMERICA, INC.; PUNTA
GORDA MEDICAL INVESTORS, LLC d/b/a
LIFE CARE CENTER OF PUNTA GORDA;
LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, III,
Defendants.
/
A ‘oO ND,
OFAl . A VE
RE CE RDA; PHYSICTA)
id VAN f SWE: S’A
INTERROGATORIES
COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court-
appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her
spouse, by and through their undersigned attorneys, and as their Amended Motion to
Compel Defendants LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL
Deutsch
& Caballero, PL,
‘NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAN, FLORIDA $9192 - TEL (905) 358-6220 4
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN
SERVICES, LLC; and VANCE MALONEY, III as to Plaintiffs’ Amended Insurance
Interrogatories dated June 23, 2021, state:
1. Plaintiff DEBORAH COOPER BURG'S final medical care prior to her diagnosis of
Wernicke’s Encephalopathy/Korsakoff Psychosis related to her malnutrition and
vitamin B1 deficiency occurred during her inpatient admission at acute nursing
facility, Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA. Defendant PUNTA GORDA MEDICAL INVESTORS, LLC
is the licensee of LIFE CARE CENTER OF PUNTA GORDA. Defendant LIFE CARE
CENTER OF PUNTA GORDA is managed by Defendant LIFE CARE CENTERS OF
AMERICA, INC., and thus a proper defendant. The treating physician during this
admission was Defendant DR. VANCE MALONEY, III, who is an employee of
Defendant LIFE CARE PHYSICIAN SERVICES, LLC.
On June 23, 2021, Plaintiffs propounded amended insurance interrogatories
separately to each of these four Defendants.
Each Defendant's answers to the amended interrogatories are deficient in pertinent
part, as will be seen below. (See Defendant LIFE CARE CENTERS OF AMERICA’S
Answers attached hereto as Exhibit A; Defendant PUNTA GORDA MEDICAL
INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA'S Answers attached
hereto as Exhibit B; Defendant LIFE CARE PHYSICIAN SERVICES, LLC’S Answers
attached hereto as Exhibit C; and Defendant VANCE MALONEY, III'S Answers
Deutsch
& Caballero,
P-L,
NEW WORLO TOWER » 100 N. GISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLOFIDA 33132 - TEL (308) 35¢-6920
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3
attached hereto as Exhibit D.) The same insurance policy was provided in each
Defendant's answers to the amended insurance interrogatories. A copy of the
insurance policy is being provided to the Court and the parties but is not being filed
at this time in the court file, pursuant to the Confidentiality Agreement entered into
by the Plaintiffs and said Defendants.
To begin with, only policy number MWZZ 312024 20 was produced by said
Defendants. However, as can be seen from the declarations page, another policy
numbered MW2ZZ 312024 19 was renewed but has not been produced.
Said Defendants, in their answer to interrogatory number 3, state that said policy is
@ wasting policy. Assuming that the above referenced “Health Care Facility Excess
Liability Insurance Policy” is a wasting policy, then Plaintiffs are entitled to know
what the true insurance limits are.
As to Defendant LIFE CARE CENTERS OF AMERICA, INC., Defendant objects
to interrogatory number 3(b) as follows:
3. If any liability insurance policies applicable to the Plaintiffs’
claims in this case are “wasting policies” whereby the amount of
coverage is reduced by defense attorney's fees and costs:
b. Please state the dollar amount of insurance coverage that
was available at the time of the answering of these
interrogatories,
DEFENDANT'S ANSWER:
Objection. Irrelevant, and not
reasonably calculated to lead to the discovery of admissible
evidence.
Deatich Blumberg
& Caballero,
PA,
(NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD. SUITE 2002 + MIAMI, FLORIDA 33132 - TEL (905) 258-6928
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4
7. As to Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA, Defendant objects to interrogatory number 3(b)
as follows:
3. If any liability insurance policies applicable to the Plaintiffs’
claims in this case are “wasting policies” whereby the amount of
coverage is reduced by defense attorney's fees and costs:
b. Please state the dollar amount of insurance coverage
that was available at the time of the answering of these
interrogatories.
DEFENDANT'S ANSWER:
Objection. Irrelevant, and not
reasonably cafculated to lead to the discovery of admissible
evidence.
8. As to Defendants DR. VANCE MALONEY, III and his employer, LIFE CARE
PHYSICIAN SERVICES, LLC, said Defendants object to interrogatory number 3(b)
and interrogatory number 4, as follows:
3. If any liability insurance policies applicable to the Plaintiffs’
claims in this case are “wasting policies” whereby the amount of
coverage is reduced by defense attorney's fees and costs:
b. Please state the dollar amount of insurance coverage that
was available at the time of the answering of these
interrogatories.
DEFENDANT'S ANSWER: Objection. Irrelevant, and not
reasonably calculated to lead to the discovery of admissible
evidence.
4. Please state as to how much insurance coverage was available
on March 2, 2021 to Defendant LIFE CARE PHYSICIAN
SERVICES, LLC, as well as on April 1, 2021.
Deutsch Blomberg
& Caballero, PH,
NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2602 MAM, FLORIDA 39132 + TEL (305) 358-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO, 2020-000616 CA
Page 5
DEFENDANT'S ANSWER: Objection. Irrelevant, and not
reasonably calculated to lead to the discovery of
admissible evidence.
9. of note, the only insureds referenced in the produced policy are the named insureds
Defendants LIFE CARE CENTERS OF AMERICA, INC. and Defendant DR. VANCE
MALONEY, III, with any other potential insured names being redacted. Defendants
LIFE CARE PHYSICIAN SERVICES, LLC and PUNTA GORDA MEDICAL INVESTORS,
LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA do not appear to be named or
referred to in this produced policy.
10.The answering of simple insurance interrogatories should not have to rise to the
necessity of motion practice. With mediation upcoming as to these Defendants, the
disclosure of true available policy limits for each Defendant is a necessity for the
Plaintiffs.
“The refusal to inform a claimant of the policy limits deprives the
claimant of a basis for evaluating the case, thus hindering
settlement.”
See Powell v. Prudential Property & Casualty Insurance Company, 584 So.2d
12 (3DCA 1991) (Exhibit E).
11. The undersigned certifies that the movant, in good faith, has conferred with counsel
for Defendants LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL
INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE
Deatich Blumberg
& Caballere, PA,
NEW WORLD TOWER » 100 N. BISCAVNE BOULEVARD, SUITE 2602 + MIAMI, FLORIDA 33132 - TEL (208) 358-6929
Burg v West Florida Physician Network, LLC, et al.
CASE NO, 2020-000616 CA
Page 6
PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III who has failed to make the
discovery, in an effort to secure the information and materials without court action.
CERTIFICATE
OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 10" day of August, 2021 to: see attached service list.
DEUTSCH BLUMBERG & CABALLERO, P.A.
Attorneys for Plaintiffs
New World Tower, Suite 2802
100 North Biscayne Boulevard
Miami, Florida 33132
(305) 358-6329
(305) 358-9304 (facsimile)
Email - erb@deutschblumberg.com;
rmitchell@deutschblumberg.com
By R. Bl
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Deutich Blumberg
& Caballtre, PH,
NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, BUITE 2002 » MIAMI, FLORIDA 93132 - TEL (305) 388-6928
BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
SERVICE LIST
John M. Stewart, Esquire
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
Co-Counsel for PLAINTIFFS
2101 Indian River Boulevard, Suite 200
Vero Beach, Florida 32960
Telephone: (772) 231-
E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com
Richard K. Bowers, Esquire
Brandon R. Scheele, Esquire
Bankers Lopez Gassler, P.A.
Attorneys for DILENDRA WEERASINGHE
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Telephone: 813-221-1500
Fax: 813-222-3066
rbowers@bankerlopez.com
Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com
Jay P. Chimpoulis, Esquire
Susanne E. Riedhammer, Esquire
Chimpoulis & Hunter, P.A
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
Ill
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email him,
Victoria N. Ferrentino, Esq
Erin B. Reynolds, Esq
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX
100 S, Ashley Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emails: vferrentino@borplaw.com;eserve@barplaw.com; and dhensley@barplaw.com
ereynolds@barolaw.com
1|Page
Brett P. Gliosca, Esq.
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: sto-pleadings@ljqleaal.com,; baliosca@liglegal.com; mmorgan@liglegal.com
Ronald E, Bush, Esq.
Frances G. Prockop, Esq.
Alexandra S. Farren, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@barplaw.com; Iplyushko@barplaw.com; beonde@barplaw.com
R. Ryan Rivas, Esq.
Hall Booth Smith, P.C.
Attorneys for SUSAN BRUNER
2701 North Rocky Point Drive, Suite 400
Tampa, Florida 33607
Telephone — 727-568-8435
Emails: rrivas@hallboothsmith.com; mhi
Barry A. Postman, Esq.
Ron M. Campbell, Esq.
Danie! C. Calvert, Esq.
Cole, Scott & Kissane, P.A.
Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP
27300 Riverview Center Boulevard, Suite 200
Bonita Springs, FL 34134
Telephone: 239-690-7925
Facsimile: 239-738-7778
Emails: barry.postman@csklegal.com; ron.campbell@csklegal.com;
daniel
calvert@csklegal.com; krystal.perez@cskleaal.com; daniela.perez@csklegal.com
2|Page
Walter H. Tache, Esq
Gavrila A. Brotz, Esq.
Tache, Bronis, and Descalzo, P.A.
Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL
150 S.E. 2nd Avenue, Suite 600
Miami, FL 33131
Telephone: 305-537-9565
Facsimile: 305-537-9567
Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com
3|Page
IN THE CIRCUIT COURTOF THE
20™ JUDICIAL COURT IN AND FOR
CHARLOTTE COUNTY, FLORIDA.
CASE NO. 2020-000616 CA
DEBORAH COOPER BURG, by and
Through her Court-appointed Guardian
RICKY BURG; NICOLE BURG, her
Daughter; and RICKY BURG, her spouse,
Plaintiffs,
Vs.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC., d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER;
ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI;
HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL;
SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E.
GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR;
ARTURO RODRIGUEZ-MARTIN, M.D.,P.L.;
ARTURO RODRIGUEZ-MARTIN; MILLENNIUM.
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP; CATHY CRISS; LIFE CARE
CENTERS OF AMERICA, INC.; PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER
OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; EXHIBIT
A
and VANCE MALONEY, III,
Defendants.
/
DEFENDANT’S, LIFE CARE CENTERS OF AMERICA, INC,
ANSWERS TO PLAINTIFFS’ AMENDED INSURANCE INTERROGATORIES
Defendant, LIFE CARE CENTERS OF AMERICA, INC. by and through the
undersigned counsel, hereby serves Answers to Plaintiffs’ Amended Insurance Interrogatories
dated June 23, 2021 as follows:
1 State whether there is or was in existence any policy of insurance, primary, excess
and umbrella, which would or might insure to the benefit of the Plaintiff herein, by providing for
payment of a part of or all of any judgment rendered in favor of the Plaintiff against any
Defendant(s) or against any other person, firm or corporation who is or may be liable to the
Plaintiff by reason of the incident described in the Complaint and if the answer if “Yes” state as
follows as to each such policy of insurance known or believed to exist by you or your attorneys:
a. The name and address of the insurer on each such policy;
b The name and address of each named insured on each such policy;
¢. The policy number of each such policy;
d. The name and address of any person firm, or corporation who is or may be an
additional or omnibus insured under such policy by reason of the incident
described in the Complaint, and the relationship, if any, between such additional
or omnibus insured and any named Defendant(s) in this cause.
The limits of liability in such policy as might be applied to any one Plaintiff(s) by
reason of any one incident and the total limits of liability to all persons by reason
of any one incident.
Whether or not any insurer has notified any insured that aid insurer claims that
there is or may be no coverage under the terms of the policy of insurance
involved, and if the answer is “Yes” describe the reason given for the claimed
lack of coverage or failure thereof as stated by said insurer to said insured and
state the date of such notice. If such policy defense has been withdrawn or
waived, state the date the policy defense was withdrawn or waived.
ANSWER: a. Yes, see attached insurance policy.
b. See attached policy.
c See attached policy,
d. See attached policy and certificate.
e See attached policy.
f. See attached policy.
Are your protected against the type of risk sued hereon by any:
a. Reinsurance.
b. Excess insurance.
c. Umbrella insurance.
d. Contingent insurance.
ANSWER: No, the attached policy is the only policy for this claim.
3, If any liability insurance policies applicable to the plaintiffs’ claims in this care
are “wasting policies” whereby the amount of coverage is reduced by defense attorney’s fees and
costs:
a. Please state which policy is a “wasting policy”.
ANSWER: The policy referenced in Interrogatory #1 is a wasting policy.
b Please state the dollar amount of insurance coverage that was available at
the time of the answering of these interrogatories.
ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed
with the Clerk of Court through the E-Filing Portal on the 23rd day of July, 2021 and is to be
e-served by the Court Clerk to: ALL COUNSEL LISTED ON THE ATTACHED
SERVICE LIST.
CHIMPOULIS & HUNTER, P.A.
Attorneys for Defendants, PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE
PHYSICIAN SERVICES, LLC; and VANCE
MALONEY, Ill
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033 / Fax: 954-463-9562
By __/s/ Jay P. Chimpoulis
JAY P. CHIMPOULIS, ESQ.
Florida Bar No: 561533
JChimpoulis@ChimpoulisHunter.com
SUSANNE E. RIEDHAMMER, ESQ.
Florida Bar No: 159638
SRiedhammer@ChimpoulisHunter.com
SERVICE LIST
COUNSEL FOR PLAINTIFFS
Edward R. Blumberg, Esq.
Deutsch Blumberg & Caballero, P.A.
100 N Biscayne Boulevard, Suite 2802
Miami, FL 33132
ERB. ut berg.com
RMitchell@DeutschBlumberg.com
CO-COUNSEL FOR PLAINTIFFS
John M. Steward, Esquire
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
stew: ‘OSSWayswi com; mswan( @r ‘osswayswan.com; edelos @roswayswan.com
Counsel for Defendant, Dr. John Rioux and Gulf Pointe Surgical
Victoria N. Ferrentino, Esq.
Natalie J. Davy, Esq.
Bush, Graziano, Rice & Platter, P.A.
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602-3423
VFerrentino@BGRPlaw.com
NDav: GRPlaw.com
Cc
OUNSEL FOR DEFENDANTSn
a , DR. NANDINI KIRI ANDtet
NANDINI ee KIRI,
eS M.D.,HEy P.A.
AVE T A
HARBOR MEDI GROUP, LLC
Richard B. Mangan, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
IN. Dale Mabry Hwy, 11th Floor,
Tampa, FL 33609-2764
Richard.Mangan@Rissman.com
Stephanie. Doyle@Rissman.com
COUNSEL FOR DR. WEERASINGHE
Richard Bowers , Esquire RBowers@BankerLopez.com
Richard M. Sebek, Esquire RSebek@BankerLopez.com
Banker Lopez Gassler P.A.
501 E. Kennedy Boulevard, Suite 1700
Tampa, FL 33602
COUNSEL FORDR. SOVI JOSEPH
Jeffrey Goodis, Esquire
Brett Gliosca, Esquire
La Cava Jacobson
150 2nd Avenue North, Suite 1500
St. Petersburg, FL 33701
Stp-pleadings@liglegal.com
IGoodis@LaCavaJacobson.com
Cra: lacav: cobson.com
Cc QUNSEL FOR FAWCETT MEMORIAL HOSPITA L & ABIGAIL
ABIGAIL UTECH
— ee a ULECH MD
MD
Frances G. Prockop, Esq.
Bush, Graaziano, Rice & Platter PA
100 So. Ahsley Drive, #1400
Tampa, FL 33602
eserve@bgrplaw.com
sseal b: law.com
COUNSEL FOR SUE BRUNER
R. Ryan Rivas, Esq.
Hall Booth Smith, P.C.
2202 North Westshore Boulevard, Suite 200
Tampa, Florida 33607
Office: 813.329.3880 ext. 4102
Direct: 813.329.3882
Mobile: 813.323.4979
tivas@hallboothsmith.com
IN THE CIRCUIT COURTOF THE
20™ JUDICIAL COURT IN AND FOR
CHARLOTTE COUNTY, FLORIDA.
CASE NO. 2020-000616 CA
DEBORAH COOPER BURG, by and
Through her Court-appointed Guardian
RICKY BURG; NICOLE BURG, her
Daughter; and RICKY BURG, her spouse,
Plaintiffs,
Vs.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC., d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER;
ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI;
HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL;
SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E.
GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR;
ARTURO RODRIGUEZ-MARTIN, M.D.,P.L.;
ARTURO RODRIGUEZ-MARTIN; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP; CATHY CRISS; LIFE CARE
CENTERS OF AMERICA, INC.; PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER.
OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, III,
Defendants.
/
D EFENDANT? PUNTA GORDA ICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA ANSWERS TO PLAINTIFFS’
AMENDED INSURANCE INTERROGATORIES
Defendant, PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA by and through the undersigned counsel, hereby serves Answers
to Plaintiffs’ Amended Insurance Interrogatories dated June 23, 2021 as follows:
EXHIBIT
b
1 State whether there is or was in existence any policy of insurance, primary, excess
and umbrella, which would or might insure to the benefit of the Plaintiff herein, by providing for
payment of a part of or all of any judgment rendered in favor of the Plaintiff against any
Defendant(s) or against any other person, firm or corporation who is or may be liable to the
Plaintiff by reason of the incident described in the Complaint and if the answer if “Yes” state as
follows as to each such policy of insurance known or believed to exist by you or your attorneys:
a, The name and address of the insurer on each such policy;
b The name and address of each named insured on each such policy;
¢. The policy number of each such policy;
d The name and address of any person firm, or corporation who is or may be an
additional or omnibus insured under such policy by reason of the incident
described in the Complaint, and the relationship, if any, between such additional
or omnibus insured and any named Defendant(s) in this cause.
The limits of liability in such policy as might be applied to any one Plaintiff(s) by
reason of any one incident and the total limits of liability to all persons by reason
of any one incident.
Whether or not any insurer has notified any insured that aid insurer claims that
there is or may be no coverage under the terms of the policy of insurance
involved, and if the answer is “Yes” describe the reason given for the claimed
lack of coverage or failure thereof as stated by said insurer to said insured and
state the date of such notice. If such policy defense has been withdrawn or
waived, state the date the policy defense was withdrawn or waived.
ANSWER: a, Yes, see attached insurance policy.
b. See attached policy.
a See attached policy.
d. See attached policy and certificate.
a See attached policy.
f. See attached policy.
Are your protected against the type of risk sued hereon by any:
a. Reinsurance.
b Excess insurance.
c, Umbrella insurance.
d Contingent insurance,
ANSWER: No, the attached policy is the only policy for this claim.
3 If any liability insurance policies applicable to the plaintiffs’ claims in this care
are “wasting policies” whereby the amount of coverage is reduced by defense attorney’s fees and
costs:
a. Please state which policy is a “wasting policy”.
ANSWER: The policy referenced in Interrogatory #1 is a wasting policy.
Please state the dollar amount of insurance coverage that was available at
the time of the answering of these interrogatories.
ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed
with the Clerk of Court through the E-Filing Portal on the 23rd day of July, 2021 and is to be
e-served by the Court Clerk to: ALL COUNSEL LISTED ON THE ATTACHED
SERVICE LIST.
CHIMPOULIS & HUNTER, P.A.
Attorneys for Defendants, PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE
PHYSICIAN SERVICES, LLC; and VANCE
MALONEY, III
150 S, Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033 / Fax: 954-463-9562
By _/s/ Jay P. Chimpoulis
JAY P, CHIMPOULIS, ESQ.
Florida Bar No: 561533
JChimpoulis@ChimpoulisHunter.com
SUSANNE E. RIEDHAMMER, ESQ.
Florida Bar No: 159638
SRiedhammer@ChimpoulisHunter.com
SERVICE LIST
COUNSEL FOR PLAINTIFF:
Edward R. Blumberg, Esq.
Deutsch Blumberg & Caballero, P.A.
100 N Biscayne Boulevard, Suite 2802
Miami, FL 33132
ERB eutschBlumberg.
RMitchell utschBh erg.com
CO-COUNSEL FOR PLAINTIFFS
John M. Steward, Esquire
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
jstewart@rosswayswan.com;, mswan@rosswayswan.com; cdelo@roswayswan.com
unsel for Defendant, Dr. John Rioux and Gulf Pointe Su ical
Victoria N. Ferrentino, Esq.
Natalie J. Davy, Esq.
Bush, Graziano, Rice & Platter, P.A.
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602-3423
VFerrentino@BGRPlaw.com
ND: ;GRPlaw.com
c OUNSEL FOR DEFENDANTS
—
O E , DR. NANDINI
E KIRI AND NANDINI
ENON KIRI,
ENE BE M.D.
VED, P.A.
FAL
AND HARBOR MEDICAL GROUP, LLC
Richard B, Mangan, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
1 N. Dale Mabry Hwy, 11th Floor,
Tampa, FL 33609-2764
Richard. Mangan@Rissman.com
Stephanie.Doyle issi COM
COUNSEL FOR DR. WEERASINGHE
Richard Bowers , Esquire RBowers@BankerLopez.com
Richard M. Sebek, Esquire RSebek@BankerLopez.com
Banker Lopez Gassler P.A.
501 E. Kennedy Boulevard, Suite 1700
Tampa, FL 33602
COUNSEL_FOR DR. SOVI JOSEPH
Jeffrey Goodis, Esquire
Brett Gliosca, Esquire
La Cava Jacobson
150 2nd Avenue North, Suite 1500
St. Petersburg, FL 33701
pleadings @liglegal.cot
JGoodis@LaCav. Ib: com
Cralston@lacavaJaco! n.com
COUNSEL FOR FAWCETT MEMORIAL HOSPITAL & ABIGAIL UTECH MD
Frances G. Prockop, Esq.
Bush, Graaziano, Rice & Platter PA
100 So. Ahsley Drive, #1400
Tampa, FL 33602
serve@bgrplaw.com
ssseal: b, Law.com
COUNSEL FOR SUE BRUNER
R. Ryan Rivas, Esq.
Hall Booth Smith, P.C.
2202 North Westshore Boulevard, Suite 200
Tampa, Florida 33607
Office: 813.329.3880 ext. 4102
Direct: 813.329.3882
Mobile: 813.323.4979
rivas@hallboothsmith.com
IN THE CIRCUIT COURTOF THE
2074 JUDICIAL COURT IN AND FOR
CHARLOTTE COUNTY, FLORIDA.
CASE NO. 2020-000616 CA
DEBORAH COOPER BURG, by and
Through her Court-appointed Guardian
RICKY BURG; NICOLE BURG, her
Daughter; and RICKY BURG, her spouse,
Plaintiffs,
Vs.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC., d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER;
ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI;
HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL;
SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E.
GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR;
ARTURO RODRIGUEZ-MARTIN, M.D.,P.L.;
ARTURO RODRIGUEZ-MARTIN; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM.
PHYSICIAN GROUP; CATHY CRISS; LIFE CARE
CENTERS OF AMERICA, INC.; PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER
OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; EXHIBIT
and VANCE MALONEY, III,
Defendants. Cc
/
D EFENDANT’S, LIFE
ee SE CARE
EE PHYSICIA
ELANN DE
SERVICES,
RNICES, LLC
LLC
ANSWERS TO PLAINTIFFS’ AMENDED INSURANCE INTERROGATORIES
Defendant, LIFE CARE PHYSICIAN SERVICES, LLC by and through the undersigned
counsel, hereby serves Answers to Plaintiffs’ Amended Insurance Interrogatories dated June 23,
2021 as follows:
1 State whether there is or was in existence any policy of insurance, primary, excess
and umbrella, which would or might insure to the benefit of the Plaintiff herein, by providing for
payment of a part of or all of any judgment rendered in favor of the Plaintiff against any
Defendant(s) or against any other person, firm or corporation who is or may be liable to the
Plaintiff by reason of the incident described in the Complaint and if the answer if “Yes” state as
follows as to each such policy of insurance known or believed to exist by you or your attorneys:
a. The name and address of the insurer on each such policy;
b The name and address of each named insured on each such policy;
c. The policy number of each such policy;
d The name and address of any person firm, or corporation who is or may be an
additional or omnibus insured under such policy by reason of the incident
described in the Complaint, and the relationship, if any, between such additional
or omnibus insured and any named Defendant(s) in this cause.
The limits of liability in such policy as might be applied to any one Plaintiff(s) by
reason of any one incident and the total limits of liability to all persons by reason
of any one incident.
Whether or not any insurer has notified any insured that aid insurer claims that
there is or may be no coverage under the terms of the policy of insurance
involved, and if the answer is “Yes” describe the reason given for the claimed
lack of coverage or failure thereof as stated by said insurer to said insured and
state the date of such notice. If such policy defense has been withdrawn or
waived, state the date the policy defense was withdrawn or waived.
ANSWER: a Yes, see attached insurance policy.
b. See attached policy.
c See attached policy.
d, See attached policy and certificate.
e See attached policy.
f. See attached policy.
2. Are your protected against the type of risk sued hereon by any:
a. Reinsurance.
b Excess insurance.
C. Umbrella insurance.
d Contingent insurance.
ANSWER: No, the attached policy is the only policy for this claim.
3 If any liability insurance policies applicable to the plaintiffs’ claims in this care
are “wasting policies” whereby the amount of coverage is reduced by defense attomney’s fees and
costs:
a. Please state which policy is a “wasting policy”.
ANSWER: The policy referenced in Interrogatory #1 is a wasting policy.
b Please state the dollar amount of insurance coverage that was available at
the time of the answering of these interrogatories.
ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence.
4 Please state as to how much insurance coverage was available on March 2, 2021
to Defendant Life Care Physician Services, LLC as weil as on April 1, 2021.
ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed
with the Clerk of Court through the E-Filing Portal on the 23rd day of July, 2021 and is to be
e-served by the Court Clerk to: ALL COUNSEL LISTED ON THE ATTACHED
SERVICE LIST.
CHIMPOULIS & HUNTER, P.A.
Attorneys for Defendants, PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE
PHYSICIAN SERVICES, LLC; and VANCE
MALONEY, iil
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033 / Fax: 954-463-9562
By /s! Jay P. Chimpoulis
JAY P. CHIMPOULIS, ESQ.
Florida Bar No: 561533
JChimpoulis@ChimpoulisHunter.com
SUSANNE E. RIEDHAMMER, ESQ.
Florida Bar No: 159638
SRiedhammer@ChimpoulisHunter.com
SERVICE LIST
COUNSEL FOR PLAINTIFFS
Edward R. Blumberg, Esq.
Deutsch Blumberg & Caballero, P.A.
100 N Biscayne Boulevard, Suite 2802
Miami, FL 33132
RB, uy lumberg. m
RMitcheli@DeutschBlumberg.com
CO-COUNSEL FOR PLAINTIFFS
John M. Steward, Esquire
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@roswayswan.com
Counsel for Defendant, Dr. John Rioux and Gulf Pointe Surgical
Victoria N. Ferrentino, Esq.
Natalie J. Davy, Esq.
Bush, Graziano, Rice & Platter, P.A.
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602-3423
VFerrentino GRPlaw.com
NDav: IBGRPlaw.com
COUNSEL FOR DEFENDANTS, DR. NANDINI KIRI AND NANDINI KIRI, M.D., P.A.
AND HARBOR MEDICAL GROUP, LLC
Richard B. Mangan, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
1 N. Dale Mabry Hwy, 11th Floor,
Tampa, FL 33609-2764
Richard.Mangan@Rissman.com
tephanie.Doyle issm: com
COUNSEL RR DR. WEERASINGHE
Richard Bowers , Esquire OWES! ankerL, COM
Richard M. Sebek, Esquire RSebek@BankerLopez.com
Banker Lopez Gassler P.A.
501 E. Kennedy Boulevard, Suite 1700
Tampa, FL 33602
IN THE CIRCUIT COURTOF THE
2074 JUDICIAL COURT IN AND FOR
CHARLOTTE COUNTY, FLORIDA.
CASE NO. 2020-000616 CA
DEBORAH COOPER BURG, by and
Through her Court-appointed Guardian
RICKY BURG; NICOLE BURG, her
Daughter; and RICKY BURG, her spouse,
Plaintiffs,
Vs.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC., d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER;
ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI;
HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL;
SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E.
GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR;
ARTURO RODRIGUEZ-MARTIN, M.D.,P.L.;
ARTURO RODRIGUEZ-MARTIN; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM.
PHYSICIAN GROUP; CATHY CRISS; LIFE CARE
CENTERS OF AMERICA, INC.; PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER
OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, III, EXHIBIT
Defendants.
/
D
DI JEFENDANT’S, VANCE
Se OR MALONEY,
III
ONE
UE
ANSWERS TO PLAINTIFFS’ AMENDED INSURANCE INTERROGATORIES
Defendant, VANCE MALONEY, III by and through the undersigned counsel, hereby
serves Answers to Plaintiffs’ Amended Insurance Interrogatories dated June 23, 2021 as follows:
1 State whether there is or was in existence any policy of insurance, primary, excess and
umbrella, which would or might insure to the benefit of the Plaintiff herein, by providing for
payment of a part of or all of any judgment rendered in favor of the Plaintiff against any
Defendant(s) or against any other person, firm or corporation who is or may be liable to the
Plaintiff by reason of the incident described in the Complaint and if the answer if “Yes” state as
follows as to each such policy of insurance known or believed to exist by you or your attorneys:
a, ‘The name and address of the insurer on each such policy;
b The name and address of each named insured on each such policy;
c. The policy number of each such policy;
a. The name and address of any person firm, or corporation who is or may be an
additional or omnibus insured under such policy by reason of the incident
described in the Complaint, and the relationship, if any, between such additional
or omnibus insured and any named Defendant(s) in this cause.
The limits of liability in such policy as might be applied to any one Plaintiff(s) by
reason of any one incident and the total limits of liability to all persons by reason
of any one incident.
Whether or not any insurer has notified any insured that aid insurer claims that
there is or may be no coverage under the terms of the policy of insurance
involved, and if the answer is “Yes” describe the reason given for the claimed
lack of coverage or failure thereof as stated by said insurer to said insured and
state the date of such notice, If such policy defense has been withdrawn or
waived, state the date the policy defense was withdrawn or waived.
ANSWER: a. Yes, see attached insurance policy.
b. See attached policy.
c See attached policy.
d. See attached policy and certificate.
e See attached policy.
f. See attached policy.
2 Are you protected against the type of risk sued hereon by any:
a Reinsurance.
b, Excess insurance.
¢. Umbrella insurance.
d. Contingent insurance.
ANSWER: No, the attached policy is the only policy for this claim.
3. If any liability insurance policies applicable to the plaintiffs’ claims in this care
are “wasting policies” whereby the amount of coverage is reduced by defense attorey’s fees and
costs:
a Please state which policy is a “wasting policy”.
ANSWER: The policy referenced in Interrogatory #1 is a wasting policy.
b Please state the dollar amount of insurance coverage that was available at
the time of the answering of these interrogatories.
ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence.
4 Please state as to how much insurance coverage was available on March 2, 2021
to Defendant VANCE MALONEY, III, as well as on April 1, 2021.
ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the
discovery of admissible evidence.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed
with the Clerk of Court through the E-Filing Portal on the 23rd day of July, 2021 and is to be
e-served by the Court Clerk to: ALL COUNSEL LISTED ON THE ATTACHED
SERVICE LIST.
CHIMPOULIS & HUNTER, P.A.
Attorneys for Defendants, PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE
PHYSICIAN SERVICES, LLC; and VANCE
MALONEY, Ill
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033 / Fax: 954-463-9562
By /s/ Jay P. Chimpoulis
JAY P. CHIMPOULIS, ESQ.
Florida Bar No: 561533
JChimpoulis@ChimpoulisHunter.com
SUSANNE E. RIEDHAMMER, E
Preview
Filing # 132357180 E-Filed 08/10/2021 11:10:11 AM IN THE CIRCUIT COURT OF THE 20 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA RICKY BURG, her spouse, Plaintiffs, V. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / A ‘oO ND, OFAl . A VE RE CE RDA; PHYSICTA) id VAN f SWE: S’A INTERROGATORIES COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court- appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, by and through their undersigned attorneys, and as their Amended Motion to Compel Defendants LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL Deutsch & Caballero, PL, ‘NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAN, FLORIDA $9192 - TEL (905) 358-6220 4 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 2 INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III as to Plaintiffs’ Amended Insurance Interrogatories dated June 23, 2021, state: 1. Plaintiff DEBORAH COOPER BURG'S final medical care prior to her diagnosis of Wernicke’s Encephalopathy/Korsakoff Psychosis related to her malnutrition and vitamin B1 deficiency occurred during her inpatient admission at acute nursing facility, Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA. Defendant PUNTA GORDA MEDICAL INVESTORS, LLC is the licensee of LIFE CARE CENTER OF PUNTA GORDA. Defendant LIFE CARE CENTER OF PUNTA GORDA is managed by Defendant LIFE CARE CENTERS OF AMERICA, INC., and thus a proper defendant. The treating physician during this admission was Defendant DR. VANCE MALONEY, III, who is an employee of Defendant LIFE CARE PHYSICIAN SERVICES, LLC. On June 23, 2021, Plaintiffs propounded amended insurance interrogatories separately to each of these four Defendants. Each Defendant's answers to the amended interrogatories are deficient in pertinent part, as will be seen below. (See Defendant LIFE CARE CENTERS OF AMERICA’S Answers attached hereto as Exhibit A; Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA'S Answers attached hereto as Exhibit B; Defendant LIFE CARE PHYSICIAN SERVICES, LLC’S Answers attached hereto as Exhibit C; and Defendant VANCE MALONEY, III'S Answers Deutsch & Caballero, P-L, NEW WORLO TOWER » 100 N. GISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLOFIDA 33132 - TEL (308) 35¢-6920 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 3 attached hereto as Exhibit D.) The same insurance policy was provided in each Defendant's answers to the amended insurance interrogatories. A copy of the insurance policy is being provided to the Court and the parties but is not being filed at this time in the court file, pursuant to the Confidentiality Agreement entered into by the Plaintiffs and said Defendants. To begin with, only policy number MWZZ 312024 20 was produced by said Defendants. However, as can be seen from the declarations page, another policy numbered MW2ZZ 312024 19 was renewed but has not been produced. Said Defendants, in their answer to interrogatory number 3, state that said policy is @ wasting policy. Assuming that the above referenced “Health Care Facility Excess Liability Insurance Policy” is a wasting policy, then Plaintiffs are entitled to know what the true insurance limits are. As to Defendant LIFE CARE CENTERS OF AMERICA, INC., Defendant objects to interrogatory number 3(b) as follows: 3. If any liability insurance policies applicable to the Plaintiffs’ claims in this case are “wasting policies” whereby the amount of coverage is reduced by defense attorney's fees and costs: b. Please state the dollar amount of insurance coverage that was available at the time of the answering of these interrogatories, DEFENDANT'S ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. Deatich Blumberg & Caballero, PA, (NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD. SUITE 2002 + MIAMI, FLORIDA 33132 - TEL (905) 258-6928 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 4 7. As to Defendant PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA, Defendant objects to interrogatory number 3(b) as follows: 3. If any liability insurance policies applicable to the Plaintiffs’ claims in this case are “wasting policies” whereby the amount of coverage is reduced by defense attorney's fees and costs: b. Please state the dollar amount of insurance coverage that was available at the time of the answering of these interrogatories. DEFENDANT'S ANSWER: Objection. Irrelevant, and not reasonably cafculated to lead to the discovery of admissible evidence. 8. As to Defendants DR. VANCE MALONEY, III and his employer, LIFE CARE PHYSICIAN SERVICES, LLC, said Defendants object to interrogatory number 3(b) and interrogatory number 4, as follows: 3. If any liability insurance policies applicable to the Plaintiffs’ claims in this case are “wasting policies” whereby the amount of coverage is reduced by defense attorney's fees and costs: b. Please state the dollar amount of insurance coverage that was available at the time of the answering of these interrogatories. DEFENDANT'S ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. 4. Please state as to how much insurance coverage was available on March 2, 2021 to Defendant LIFE CARE PHYSICIAN SERVICES, LLC, as well as on April 1, 2021. Deutsch Blomberg & Caballero, PH, NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2602 MAM, FLORIDA 39132 + TEL (305) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO, 2020-000616 CA Page 5 DEFENDANT'S ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. 9. of note, the only insureds referenced in the produced policy are the named insureds Defendants LIFE CARE CENTERS OF AMERICA, INC. and Defendant DR. VANCE MALONEY, III, with any other potential insured names being redacted. Defendants LIFE CARE PHYSICIAN SERVICES, LLC and PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA do not appear to be named or referred to in this produced policy. 10.The answering of simple insurance interrogatories should not have to rise to the necessity of motion practice. With mediation upcoming as to these Defendants, the disclosure of true available policy limits for each Defendant is a necessity for the Plaintiffs. “The refusal to inform a claimant of the policy limits deprives the claimant of a basis for evaluating the case, thus hindering settlement.” See Powell v. Prudential Property & Casualty Insurance Company, 584 So.2d 12 (3DCA 1991) (Exhibit E). 11. The undersigned certifies that the movant, in good faith, has conferred with counsel for Defendants LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE Deatich Blumberg & Caballere, PA, NEW WORLD TOWER » 100 N. BISCAVNE BOULEVARD, SUITE 2602 + MIAMI, FLORIDA 33132 - TEL (208) 358-6929 Burg v West Florida Physician Network, LLC, et al. CASE NO, 2020-000616 CA Page 6 PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III who has failed to make the discovery, in an effort to secure the information and materials without court action. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 10" day of August, 2021 to: see attached service list. DEUTSCH BLUMBERG & CABALLERO, P.A. Attorneys for Plaintiffs New World Tower, Suite 2802 100 North Biscayne Boulevard Miami, Florida 33132 (305) 358-6329 (305) 358-9304 (facsimile) Email - erb@deutschblumberg.com; rmitchell@deutschblumberg.com By R. Bl EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Deutich Blumberg & Caballtre, PH, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, BUITE 2002 » MIAMI, FLORIDA 93132 - TEL (305) 388-6928 BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA SERVICE LIST John M. Stewart, Esquire Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. Co-Counsel for PLAINTIFFS 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231- E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com Richard K. Bowers, Esquire Brandon R. Scheele, Esquire Bankers Lopez Gassler, P.A. Attorneys for DILENDRA WEERASINGHE 501 East Kennedy Boulevard, Suite 1700 Tampa, FL 33602 Telephone: 813-221-1500 Fax: 813-222-3066 rbowers@bankerlopez.com Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com Jay P. Chimpoulis, Esquire Susanne E. Riedhammer, Esquire Chimpoulis & Hunter, P.A Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Ill 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email him, Victoria N. Ferrentino, Esq Erin B. Reynolds, Esq Bush Graziano Rice & Platter, P.A. Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX 100 S, Ashley Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emails: vferrentino@borplaw.com;eserve@barplaw.com; and dhensley@barplaw.com ereynolds@barolaw.com 1|Page Brett P. Gliosca, Esq. Jeffrey M. Goodis, Esq. LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 Fax: 727-550-0811 Emails: sto-pleadings@ljqleaal.com,; baliosca@liglegal.com; mmorgan@liglegal.com Ronald E, Bush, Esq. Frances G. Prockop, Esq. Alexandra S. Farren, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 Fax: 813-229-6316 Emails: eserve@barplaw.com; Iplyushko@barplaw.com; beonde@barplaw.com R. Ryan Rivas, Esq. Hall Booth Smith, P.C. Attorneys for SUSAN BRUNER 2701 North Rocky Point Drive, Suite 400 Tampa, Florida 33607 Telephone — 727-568-8435 Emails: rrivas@hallboothsmith.com; mhi Barry A. Postman, Esq. Ron M. Campbell, Esq. Danie! C. Calvert, Esq. Cole, Scott & Kissane, P.A. Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP 27300 Riverview Center Boulevard, Suite 200 Bonita Springs, FL 34134 Telephone: 239-690-7925 Facsimile: 239-738-7778 Emails: barry.postman@csklegal.com; ron.campbell@csklegal.com; daniel calvert@csklegal.com; krystal.perez@cskleaal.com; daniela.perez@csklegal.com 2|Page Walter H. Tache, Esq Gavrila A. Brotz, Esq. Tache, Bronis, and Descalzo, P.A. Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL 150 S.E. 2nd Avenue, Suite 600 Miami, FL 33131 Telephone: 305-537-9565 Facsimile: 305-537-9567 Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com 3|Page IN THE CIRCUIT COURTOF THE 20™ JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA. CASE NO. 2020-000616 CA DEBORAH COOPER BURG, by and Through her Court-appointed Guardian RICKY BURG; NICOLE BURG, her Daughter; and RICKY BURG, her spouse, Plaintiffs, Vs. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC., d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL; SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR; ARTURO RODRIGUEZ-MARTIN, M.D.,P.L.; ARTURO RODRIGUEZ-MARTIN; MILLENNIUM. PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; EXHIBIT A and VANCE MALONEY, III, Defendants. / DEFENDANT’S, LIFE CARE CENTERS OF AMERICA, INC, ANSWERS TO PLAINTIFFS’ AMENDED INSURANCE INTERROGATORIES Defendant, LIFE CARE CENTERS OF AMERICA, INC. by and through the undersigned counsel, hereby serves Answers to Plaintiffs’ Amended Insurance Interrogatories dated June 23, 2021 as follows: 1 State whether there is or was in existence any policy of insurance, primary, excess and umbrella, which would or might insure to the benefit of the Plaintiff herein, by providing for payment of a part of or all of any judgment rendered in favor of the Plaintiff against any Defendant(s) or against any other person, firm or corporation who is or may be liable to the Plaintiff by reason of the incident described in the Complaint and if the answer if “Yes” state as follows as to each such policy of insurance known or believed to exist by you or your attorneys: a. The name and address of the insurer on each such policy; b The name and address of each named insured on each such policy; ¢. The policy number of each such policy; d. The name and address of any person firm, or corporation who is or may be an additional or omnibus insured under such policy by reason of the incident described in the Complaint, and the relationship, if any, between such additional or omnibus insured and any named Defendant(s) in this cause. The limits of liability in such policy as might be applied to any one Plaintiff(s) by reason of any one incident and the total limits of liability to all persons by reason of any one incident. Whether or not any insurer has notified any insured that aid insurer claims that there is or may be no coverage under the terms of the policy of insurance involved, and if the answer is “Yes” describe the reason given for the claimed lack of coverage or failure thereof as stated by said insurer to said insured and state the date of such notice. If such policy defense has been withdrawn or waived, state the date the policy defense was withdrawn or waived. ANSWER: a. Yes, see attached insurance policy. b. See attached policy. c See attached policy, d. See attached policy and certificate. e See attached policy. f. See attached policy. Are your protected against the type of risk sued hereon by any: a. Reinsurance. b. Excess insurance. c. Umbrella insurance. d. Contingent insurance. ANSWER: No, the attached policy is the only policy for this claim. 3, If any liability insurance policies applicable to the plaintiffs’ claims in this care are “wasting policies” whereby the amount of coverage is reduced by defense attorney’s fees and costs: a. Please state which policy is a “wasting policy”. ANSWER: The policy referenced in Interrogatory #1 is a wasting policy. b Please state the dollar amount of insurance coverage that was available at the time of the answering of these interrogatories. ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with the Clerk of Court through the E-Filing Portal on the 23rd day of July, 2021 and is to be e-served by the Court Clerk to: ALL COUNSEL LISTED ON THE ATTACHED SERVICE LIST. CHIMPOULIS & HUNTER, P.A. Attorneys for Defendants, PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Ill 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 / Fax: 954-463-9562 By __/s/ Jay P. Chimpoulis JAY P. CHIMPOULIS, ESQ. Florida Bar No: 561533 JChimpoulis@ChimpoulisHunter.com SUSANNE E. RIEDHAMMER, ESQ. Florida Bar No: 159638 SRiedhammer@ChimpoulisHunter.com SERVICE LIST COUNSEL FOR PLAINTIFFS Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 N Biscayne Boulevard, Suite 2802 Miami, FL 33132 ERB. ut berg.com RMitchell@DeutschBlumberg.com CO-COUNSEL FOR PLAINTIFFS John M. Steward, Esquire Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. stew: ‘OSSWayswi com; mswan( @r ‘osswayswan.com; edelos @roswayswan.com Counsel for Defendant, Dr. John Rioux and Gulf Pointe Surgical Victoria N. Ferrentino, Esq. Natalie J. Davy, Esq. Bush, Graziano, Rice & Platter, P.A. 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602-3423 VFerrentino@BGRPlaw.com NDav: GRPlaw.com Cc OUNSEL FOR DEFENDANTSn a , DR. NANDINI KIRI ANDtet NANDINI ee KIRI, eS M.D.,HEy P.A. AVE T A HARBOR MEDI GROUP, LLC Richard B. Mangan, Esq. Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. IN. Dale Mabry Hwy, 11th Floor, Tampa, FL 33609-2764 Richard.Mangan@Rissman.com Stephanie. Doyle@Rissman.com COUNSEL FOR DR. WEERASINGHE Richard Bowers , Esquire RBowers@BankerLopez.com Richard M. Sebek, Esquire RSebek@BankerLopez.com Banker Lopez Gassler P.A. 501 E. Kennedy Boulevard, Suite 1700 Tampa, FL 33602 COUNSEL FORDR. SOVI JOSEPH Jeffrey Goodis, Esquire Brett Gliosca, Esquire La Cava Jacobson 150 2nd Avenue North, Suite 1500 St. Petersburg, FL 33701 Stp-pleadings@liglegal.com IGoodis@LaCavaJacobson.com Cra: lacav: cobson.com Cc QUNSEL FOR FAWCETT MEMORIAL HOSPITA L & ABIGAIL ABIGAIL UTECH — ee a ULECH MD MD Frances G. Prockop, Esq. Bush, Graaziano, Rice & Platter PA 100 So. Ahsley Drive, #1400 Tampa, FL 33602 eserve@bgrplaw.com sseal b: law.com COUNSEL FOR SUE BRUNER R. Ryan Rivas, Esq. Hall Booth Smith, P.C. 2202 North Westshore Boulevard, Suite 200 Tampa, Florida 33607 Office: 813.329.3880 ext. 4102 Direct: 813.329.3882 Mobile: 813.323.4979 tivas@hallboothsmith.com IN THE CIRCUIT COURTOF THE 20™ JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA. CASE NO. 2020-000616 CA DEBORAH COOPER BURG, by and Through her Court-appointed Guardian RICKY BURG; NICOLE BURG, her Daughter; and RICKY BURG, her spouse, Plaintiffs, Vs. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC., d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL; SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR; ARTURO RODRIGUEZ-MARTIN, M.D.,P.L.; ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER. OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / D EFENDANT? PUNTA GORDA ICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA ANSWERS TO PLAINTIFFS’ AMENDED INSURANCE INTERROGATORIES Defendant, PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA by and through the undersigned counsel, hereby serves Answers to Plaintiffs’ Amended Insurance Interrogatories dated June 23, 2021 as follows: EXHIBIT b 1 State whether there is or was in existence any policy of insurance, primary, excess and umbrella, which would or might insure to the benefit of the Plaintiff herein, by providing for payment of a part of or all of any judgment rendered in favor of the Plaintiff against any Defendant(s) or against any other person, firm or corporation who is or may be liable to the Plaintiff by reason of the incident described in the Complaint and if the answer if “Yes” state as follows as to each such policy of insurance known or believed to exist by you or your attorneys: a, The name and address of the insurer on each such policy; b The name and address of each named insured on each such policy; ¢. The policy number of each such policy; d The name and address of any person firm, or corporation who is or may be an additional or omnibus insured under such policy by reason of the incident described in the Complaint, and the relationship, if any, between such additional or omnibus insured and any named Defendant(s) in this cause. The limits of liability in such policy as might be applied to any one Plaintiff(s) by reason of any one incident and the total limits of liability to all persons by reason of any one incident. Whether or not any insurer has notified any insured that aid insurer claims that there is or may be no coverage under the terms of the policy of insurance involved, and if the answer is “Yes” describe the reason given for the claimed lack of coverage or failure thereof as stated by said insurer to said insured and state the date of such notice. If such policy defense has been withdrawn or waived, state the date the policy defense was withdrawn or waived. ANSWER: a, Yes, see attached insurance policy. b. See attached policy. a See attached policy. d. See attached policy and certificate. a See attached policy. f. See attached policy. Are your protected against the type of risk sued hereon by any: a. Reinsurance. b Excess insurance. c, Umbrella insurance. d Contingent insurance, ANSWER: No, the attached policy is the only policy for this claim. 3 If any liability insurance policies applicable to the plaintiffs’ claims in this care are “wasting policies” whereby the amount of coverage is reduced by defense attorney’s fees and costs: a. Please state which policy is a “wasting policy”. ANSWER: The policy referenced in Interrogatory #1 is a wasting policy. Please state the dollar amount of insurance coverage that was available at the time of the answering of these interrogatories. ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with the Clerk of Court through the E-Filing Portal on the 23rd day of July, 2021 and is to be e-served by the Court Clerk to: ALL COUNSEL LISTED ON THE ATTACHED SERVICE LIST. CHIMPOULIS & HUNTER, P.A. Attorneys for Defendants, PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III 150 S, Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 / Fax: 954-463-9562 By _/s/ Jay P. Chimpoulis JAY P, CHIMPOULIS, ESQ. Florida Bar No: 561533 JChimpoulis@ChimpoulisHunter.com SUSANNE E. RIEDHAMMER, ESQ. Florida Bar No: 159638 SRiedhammer@ChimpoulisHunter.com SERVICE LIST COUNSEL FOR PLAINTIFF: Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 N Biscayne Boulevard, Suite 2802 Miami, FL 33132 ERB eutschBlumberg. RMitchell utschBh erg.com CO-COUNSEL FOR PLAINTIFFS John M. Steward, Esquire Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. jstewart@rosswayswan.com;, mswan@rosswayswan.com; cdelo@roswayswan.com unsel for Defendant, Dr. John Rioux and Gulf Pointe Su ical Victoria N. Ferrentino, Esq. Natalie J. Davy, Esq. Bush, Graziano, Rice & Platter, P.A. 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602-3423 VFerrentino@BGRPlaw.com ND: ;GRPlaw.com c OUNSEL FOR DEFENDANTS — O E , DR. NANDINI E KIRI AND NANDINI ENON KIRI, ENE BE M.D. VED, P.A. FAL AND HARBOR MEDICAL GROUP, LLC Richard B, Mangan, Esq. Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 1 N. Dale Mabry Hwy, 11th Floor, Tampa, FL 33609-2764 Richard. Mangan@Rissman.com Stephanie.Doyle issi COM COUNSEL FOR DR. WEERASINGHE Richard Bowers , Esquire RBowers@BankerLopez.com Richard M. Sebek, Esquire RSebek@BankerLopez.com Banker Lopez Gassler P.A. 501 E. Kennedy Boulevard, Suite 1700 Tampa, FL 33602 COUNSEL_FOR DR. SOVI JOSEPH Jeffrey Goodis, Esquire Brett Gliosca, Esquire La Cava Jacobson 150 2nd Avenue North, Suite 1500 St. Petersburg, FL 33701 pleadings @liglegal.cot JGoodis@LaCav. Ib: com Cralston@lacavaJaco! n.com COUNSEL FOR FAWCETT MEMORIAL HOSPITAL & ABIGAIL UTECH MD Frances G. Prockop, Esq. Bush, Graaziano, Rice & Platter PA 100 So. Ahsley Drive, #1400 Tampa, FL 33602 serve@bgrplaw.com ssseal: b, Law.com COUNSEL FOR SUE BRUNER R. Ryan Rivas, Esq. Hall Booth Smith, P.C. 2202 North Westshore Boulevard, Suite 200 Tampa, Florida 33607 Office: 813.329.3880 ext. 4102 Direct: 813.329.3882 Mobile: 813.323.4979 rivas@hallboothsmith.com IN THE CIRCUIT COURTOF THE 2074 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA. CASE NO. 2020-000616 CA DEBORAH COOPER BURG, by and Through her Court-appointed Guardian RICKY BURG; NICOLE BURG, her Daughter; and RICKY BURG, her spouse, Plaintiffs, Vs. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC., d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL; SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR; ARTURO RODRIGUEZ-MARTIN, M.D.,P.L.; ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM. PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; EXHIBIT and VANCE MALONEY, III, Defendants. Cc / D EFENDANT’S, LIFE ee SE CARE EE PHYSICIA ELANN DE SERVICES, RNICES, LLC LLC ANSWERS TO PLAINTIFFS’ AMENDED INSURANCE INTERROGATORIES Defendant, LIFE CARE PHYSICIAN SERVICES, LLC by and through the undersigned counsel, hereby serves Answers to Plaintiffs’ Amended Insurance Interrogatories dated June 23, 2021 as follows: 1 State whether there is or was in existence any policy of insurance, primary, excess and umbrella, which would or might insure to the benefit of the Plaintiff herein, by providing for payment of a part of or all of any judgment rendered in favor of the Plaintiff against any Defendant(s) or against any other person, firm or corporation who is or may be liable to the Plaintiff by reason of the incident described in the Complaint and if the answer if “Yes” state as follows as to each such policy of insurance known or believed to exist by you or your attorneys: a. The name and address of the insurer on each such policy; b The name and address of each named insured on each such policy; c. The policy number of each such policy; d The name and address of any person firm, or corporation who is or may be an additional or omnibus insured under such policy by reason of the incident described in the Complaint, and the relationship, if any, between such additional or omnibus insured and any named Defendant(s) in this cause. The limits of liability in such policy as might be applied to any one Plaintiff(s) by reason of any one incident and the total limits of liability to all persons by reason of any one incident. Whether or not any insurer has notified any insured that aid insurer claims that there is or may be no coverage under the terms of the policy of insurance involved, and if the answer is “Yes” describe the reason given for the claimed lack of coverage or failure thereof as stated by said insurer to said insured and state the date of such notice. If such policy defense has been withdrawn or waived, state the date the policy defense was withdrawn or waived. ANSWER: a Yes, see attached insurance policy. b. See attached policy. c See attached policy. d, See attached policy and certificate. e See attached policy. f. See attached policy. 2. Are your protected against the type of risk sued hereon by any: a. Reinsurance. b Excess insurance. C. Umbrella insurance. d Contingent insurance. ANSWER: No, the attached policy is the only policy for this claim. 3 If any liability insurance policies applicable to the plaintiffs’ claims in this care are “wasting policies” whereby the amount of coverage is reduced by defense attomney’s fees and costs: a. Please state which policy is a “wasting policy”. ANSWER: The policy referenced in Interrogatory #1 is a wasting policy. b Please state the dollar amount of insurance coverage that was available at the time of the answering of these interrogatories. ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. 4 Please state as to how much insurance coverage was available on March 2, 2021 to Defendant Life Care Physician Services, LLC as weil as on April 1, 2021. ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with the Clerk of Court through the E-Filing Portal on the 23rd day of July, 2021 and is to be e-served by the Court Clerk to: ALL COUNSEL LISTED ON THE ATTACHED SERVICE LIST. CHIMPOULIS & HUNTER, P.A. Attorneys for Defendants, PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, iil 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 / Fax: 954-463-9562 By /s! Jay P. Chimpoulis JAY P. CHIMPOULIS, ESQ. Florida Bar No: 561533 JChimpoulis@ChimpoulisHunter.com SUSANNE E. RIEDHAMMER, ESQ. Florida Bar No: 159638 SRiedhammer@ChimpoulisHunter.com SERVICE LIST COUNSEL FOR PLAINTIFFS Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 N Biscayne Boulevard, Suite 2802 Miami, FL 33132 RB, uy lumberg. m RMitcheli@DeutschBlumberg.com CO-COUNSEL FOR PLAINTIFFS John M. Steward, Esquire Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@roswayswan.com Counsel for Defendant, Dr. John Rioux and Gulf Pointe Surgical Victoria N. Ferrentino, Esq. Natalie J. Davy, Esq. Bush, Graziano, Rice & Platter, P.A. 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602-3423 VFerrentino GRPlaw.com NDav: IBGRPlaw.com COUNSEL FOR DEFENDANTS, DR. NANDINI KIRI AND NANDINI KIRI, M.D., P.A. AND HARBOR MEDICAL GROUP, LLC Richard B. Mangan, Esq. Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. 1 N. Dale Mabry Hwy, 11th Floor, Tampa, FL 33609-2764 Richard.Mangan@Rissman.com tephanie.Doyle issm: com COUNSEL RR DR. WEERASINGHE Richard Bowers , Esquire OWES! ankerL, COM Richard M. Sebek, Esquire RSebek@BankerLopez.com Banker Lopez Gassler P.A. 501 E. Kennedy Boulevard, Suite 1700 Tampa, FL 33602 IN THE CIRCUIT COURTOF THE 2074 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA. CASE NO. 2020-000616 CA DEBORAH COOPER BURG, by and Through her Court-appointed Guardian RICKY BURG; NICOLE BURG, her Daughter; and RICKY BURG, her spouse, Plaintiffs, Vs. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC., d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; NANDINI KIRI, M.D.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC., AHSAN KAMAL; SOVI JOSEPH, M.D.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR; ARTURO RODRIGUEZ-MARTIN, M.D.,P.L.; ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM. PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, EXHIBIT Defendants. / D DI JEFENDANT’S, VANCE Se OR MALONEY, III ONE UE ANSWERS TO PLAINTIFFS’ AMENDED INSURANCE INTERROGATORIES Defendant, VANCE MALONEY, III by and through the undersigned counsel, hereby serves Answers to Plaintiffs’ Amended Insurance Interrogatories dated June 23, 2021 as follows: 1 State whether there is or was in existence any policy of insurance, primary, excess and umbrella, which would or might insure to the benefit of the Plaintiff herein, by providing for payment of a part of or all of any judgment rendered in favor of the Plaintiff against any Defendant(s) or against any other person, firm or corporation who is or may be liable to the Plaintiff by reason of the incident described in the Complaint and if the answer if “Yes” state as follows as to each such policy of insurance known or believed to exist by you or your attorneys: a, ‘The name and address of the insurer on each such policy; b The name and address of each named insured on each such policy; c. The policy number of each such policy; a. The name and address of any person firm, or corporation who is or may be an additional or omnibus insured under such policy by reason of the incident described in the Complaint, and the relationship, if any, between such additional or omnibus insured and any named Defendant(s) in this cause. The limits of liability in such policy as might be applied to any one Plaintiff(s) by reason of any one incident and the total limits of liability to all persons by reason of any one incident. Whether or not any insurer has notified any insured that aid insurer claims that there is or may be no coverage under the terms of the policy of insurance involved, and if the answer is “Yes” describe the reason given for the claimed lack of coverage or failure thereof as stated by said insurer to said insured and state the date of such notice, If such policy defense has been withdrawn or waived, state the date the policy defense was withdrawn or waived. ANSWER: a. Yes, see attached insurance policy. b. See attached policy. c See attached policy. d. See attached policy and certificate. e See attached policy. f. See attached policy. 2 Are you protected against the type of risk sued hereon by any: a Reinsurance. b, Excess insurance. ¢. Umbrella insurance. d. Contingent insurance. ANSWER: No, the attached policy is the only policy for this claim. 3. If any liability insurance policies applicable to the plaintiffs’ claims in this care are “wasting policies” whereby the amount of coverage is reduced by defense attorey’s fees and costs: a Please state which policy is a “wasting policy”. ANSWER: The policy referenced in Interrogatory #1 is a wasting policy. b Please state the dollar amount of insurance coverage that was available at the time of the answering of these interrogatories. ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. 4 Please state as to how much insurance coverage was available on March 2, 2021 to Defendant VANCE MALONEY, III, as well as on April 1, 2021. ANSWER: Objection. Irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with the Clerk of Court through the E-Filing Portal on the 23rd day of July, 2021 and is to be e-served by the Court Clerk to: ALL COUNSEL LISTED ON THE ATTACHED SERVICE LIST. CHIMPOULIS & HUNTER, P.A. Attorneys for Defendants, PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Ill 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 / Fax: 954-463-9562 By /s/ Jay P. Chimpoulis JAY P. CHIMPOULIS, ESQ. Florida Bar No: 561533 JChimpoulis@ChimpoulisHunter.com SUSANNE E. RIEDHAMMER, E