Preview
Filing # 176297067 E-Filed 06/28/2023 09:58:
AGO
\eme
‘cuurr FINANCIAL OFFICER
JIMMYSTATE OFPATRONIS.
HLORIDA
CASE #: 23002380CA
PATRICIA SANKUS & RONALD SANKUS
COURT: 20TH JUDICIAL CIRCUIT
COUNTY: CHARLOTTE
PLAINTIFF(S) DFS-SOP #: 23-000309485
VS.
FIRST PROTECTIVE INSURANCE COMPANY
DEFENDANT(S)
/
SUMMONS, COMPLAINT, DISCOVERY, PLT NOA AND EMAIL DESIGNATION, STANDING ORDER IN CIRCUIT
CIVIL CASES, PLT NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEF CR
NOTICE OF SERVICE OF PROCESS
NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the
State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Monday,
June 26, 2023 and a copy was forwarded by ELECTRONIC DELIVERY on Wednesday, June 28, 2023 to
the designated agent for the named entity as shown below.
FIRST PROTECTIVE INSURANCE COMPANY
MICHELLE DEMPSEY
500 INTERNATIONAL PKWY
LAKE MARY, FL 32746
*Our office will only serve the initial process (Summons and Complaint) or Subpoena and is not responsible
for transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Court
pursuant to Florida Rules of Civil Procedure, Rule 1.080.
Jimmy Patronis
Chief Financial Officer
LETICIA CRUZ-GONZALEZ
WOOLSY MORCOM
203 FORT WADE RD., SUITE 105
PONTE VEDRA, FL 32801
cet
Office of the General Counsel - Service of Process Section
200 East Gaines Street - P.O. Box 6200 - Tallahassee. FL 32314-6200 - (850)413-4200
Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM
IN THE CIRCUIT COURT, OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 23002380ca
PATRICIA SANKUS and RONALD
SANKUS,
Plaintiffs,
vs.
FIRST PROTECTIVE INSURANCE
COMPANY,
Defendant.
/
SUMMONS
TO FIRST PROTECTIVE INSURANCE COMPANY
A Florida insurance corporation
c/o Chief Financial Officer as RA
Service of Process Section
200 East Gains Street
Tallahassee, FL 32314-6200
YOU ARE COMMANDED to serve this Summons and a copy of the Complaint, Notice of
Appearance and Email Designation, First Request for Production of Documents, First
Interrogatories, First Request for Admissions, and Notice of Deposition to Defendant, in this action
on Defendant, FIRST PROTECTIVE INSURANCE COMPANY, a domestic insurance
corporation.
Each Defendant is required to serve written defenses to the Complaint or Petition on the
attorney for Plaintiffs, wnose name is, Jacob D. Piasecki Esq., Woolsey Morcom, PLLC, 203 Fort
Wade Road, Suite 105, Ponte Vedra, FL 32081 within 20 days after service of this Summons on
that Defendant, exclusive of the day of service, and to file the original of the defenses with the
clerk of this court either before service on attorneys for Plaintiffs or immediately thereafter. If a
Defendant fails to do so, a default will be entered against that Defendant for the relief demanded
in the Complaint or Petition.
Dated: 06/22/2023
Clerk of the Court
Roger D. Eaton
By: BanisCarace.
(SEAL) Dep Clerk
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after this summons is
served on you to file a written response to the attached complaint with the clerk of this court. A
phone call will not protect you. Your written response, including the case number given above
and the names of the parties, must be filed if you want the court to hear your side of the case. If
you do not file your response on time, you may lose the case, and your wages, money, and
property may thereafter be taken without further warning from the court. There are other legal
requirements. You may want to call an attorney right away. If you do not know an attorney, you
may call an attorney referral service or a legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file your written
response to the court you must also mail or take a copy of your written response to the
"Plaintiff/Plaintiffs Attorney" named above.
IMPORTANTE
Usted ha sido demandado legalmente. Tiene veinte (20) dias, contados a partir del recibo
de esta notificacién, para contestar la demanda adjunta, por escrito, y presentarla ante este
tribunal. Una llamada telefonica no 10 protegera; si usted desea que el tribunal considere su
defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres
de las partes interesadas en dicho caso. Si usted no contesta la demanda a tiempo, pudiese
perder el caso y podria ser despojado de sus ingresos y propiedades, 0 privado de sus derechos,
sin previo aviso del tribunal. Existen otros requisitos legales. Si 10 desea, puede usted consultar
aun abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas
de asistencia legal que aparecen en la guia telefénica.
Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su
respuesta ante el tribunal, debera usted enviar por correo 0 entregar una copia de su respuesta
a la persona denominada abajo como "Plaintiff/Plaintiffs' Attorney." (Demandate 0 Abogado del
Demandante).
IMPORTANT
Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs
a partir de la date de l'assignation de cet'te citation pour deposer une reponse ecrite a la plainteci-
jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger;vous
etes oblige de deposer votre response ecrite, avec mention du numero de dossier ci-dessuset du
nom des parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne
deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que
votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis
ulterieur du Tribunal. Il y a d'autres obligations juridiques et vous pouvez requerir les services
immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un service
de reference d'avocats ou a un bureau d'assistance juridique (figurant a l'annuaire de telephones).
Si vous choisissez de deposer vos-meme une reponse ecrite, il vous faudra egalement,
en meme temps que cette fonnalite, faire parvenir ou expedier une copie au carbone ou une
photocopie de votre reponse ecrite au “Plaintiff/Plaintiffs' Attorney" (Plaignant ou a son avocat)
nomme ci-dessous.
Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM
IN THE CIRCUIT COURT, OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 23002380CA
PATRICIA SANKUS and RONALD
SANKUS,
Plaintiffs,
vs.
FIRST PROTECTIVE INSURANCE
COMPANY,
Defendant.
COMPLAINT AND DEMAND FOR JURY TRIAL
COMES NOW the Plaintiffs, PATRICIA SANKUS and RONALD SANKUS
(hereinafter referred to as “Plaintiffs”), by and through the undersigned counsel, and
hereby sue Defendant, FIRST PROTECTIVE INSURANCE COMPANY, (hereinafter
referred to as “Defendant”), and as grounds therefore state as follows:
JURISDICTION AND VENUE
1 This is an action for damages in excess of fifty thousand dollars ($50,000)
exclusive of pre-judgment interest, attorneys’ fees, and costs.
2 At all relevant times, Plaintiffs owned real property located at 17106
Seashore Avenue, Port Charlotte, Florida 33948, (the “Property”).
3 At all relevant times, the Defendant was and is a corporation duly licensed
to conduct business in the State of Florida and is engaged in the business of property
insurance in Port Charlotte, Charlotte County, Florida.
4 Plaintiffs filed a Property Insurance Notice of Intent to Initiate Litigation
pursuant to Section 627.70152, Florida Statutes on February 21, 2023, which was
assigned Notice Number 86610.
5. Jurisdiction and venue are property in this Court.
GENERAL ALLEGATIONS
6 At all times material hereto, the Property was insured by policy number
FPH3-000152337 (the “Policy”), issued by Defendant.
7 The Policy is attached hereto as Exhibit A.
8 All premiums for the Policy were paid, and the Policy was in full force and
effect at all relevant times.
9 According to the terms of the Policy, the Defendant agreed to provide
insurance coverage against certain losses to the Property.
10. The Policy extends coverage if the Property suffers a direct physical loss
that is not excluded or excepted by the terms of the Policy.
11. On or around September 28, 2022 the Property was damaged by wind and
wind-driven rain and debris from Hurricane lan (the “Loss”).
12. Plaintiffs applied for insurance benefits under the Policy by reporting the
Loss to Defendant on or around September 30, 2022, whereupon Defendant opened and
assigned claim number 01000066439 (the “Claim”) for the Loss.
13. Plaintiffs provided access to the property for Defendant to inspect and
investigate the Loss and create an estimate for repairs.
14. Defendant acknowledged receipt of the Claim and is fully on notice of the
cause of loss and scope of damages sustained.
15. The Loss was caused wholly by covered perils under the Policy.
16. The Defendant failed and refused to pay Plaintiffs all benefits due and owing
for the Loss under the terms of the Policy.
17. All conditions precedent or subsequent to receiving benefits from Defendant
under the Policy have been satisfied or waived.
18. As a result of Defendant’s refusal to pay the losses sustained by Plaintiffs,
Plaintiffs have had to retain the services of the undersigned counsel.
19. Defendant is obligated to pay, and Plaintiffs are entitled to receive
reasonable attorneys’ fees and costs in this action pursuant to §627.428, §626.9373, or
§627.70152 Florida Statutes and case law interpreting those statutes’ application to
insureds’ rights in first party actions. See Menendez v. Progressive Exp. Ins. Co., Inc.,
35 So.3d 873, 878 (Fla. 2010) and its progeny.
COUNT | - BREACH OF CONTRACT
20. Plaintiffs hereby incorporate by reference paragraphs 1 through 19 as
though fully set forth herein.
21. Plaintiffs and Defendant are parties to a valid and binding contract under
which Defendant is required to provide insurance benefits to Plaintiffs in the event of a
covered loss to the Property.
22. Plaintiffs suffered a covered loss to the Property.
23. Defendant has materially breached the Policy by failing to pay Plaintiffs all
the benefits due and owing under the Policy.
24. Defendant breached the Policy by:
a Failing to pay all benefits due and owing to the direct physical loss to
the Property; and
b. Failing to properly scope the repairs needed to the Property.
25. Plaintiffs suffered and continue to suffer damages as a result of Defendant’s
breach of contract. Damages are continuing to result in harm as the Property has not
been properly or adequately returned to its pre-loss condition as a result of Defendant's
refusal to provide full coverage.
26. Plaintiffs are entitled to monetary damages from Defendant to repair the
direct physical loss to the Property.
27. Plaintiffs have done and performed all those matters and things property
required under the insurance policy, or alternatively, Plaintiffs have been excused from
performance by the acts of Defendant by its representations or conduct.
28. As a direct result of Defendant’s breach of its insurance contract, it has been
necessary for Plaintiffs to incur and become obligated for attorneys’ fees and costs in the
prosecution of this action. Florida Statute 627.428 provides for the recovery of such
attorneys’ fees in the event of such need.
WHEREFORE, Plaintiffs respectfully request this Court enter judgment against
Defendant and seek the following damages:
(a) all benefits available under the Policy including without limitation the full
replacement cost for the damaged property;
(b) pre-judgment statutory interest;
(c) court costs, attorneys’ fees and costs, experts’ fees and costs; and
(d) any such other relief that this Court deems just and appropriate.
JURY DEMAND
Plaintiffs demand a trial by jury on all issues so triable by right.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of
the foregoing has been provided to the Defendant via the Chief Financial Officer as RA,
Service of Process Section, 200 East Gains Street, Tallahassee, FL 32314.
WOOLSEY MORCOM, PLLC
By: /s/ Jacob D. Piasecki
JACOB D. PIASECKI, ESQ.
Florida Bar No. 108709
203 Fort Wade Road, Suite 105
Ponte Vedra, Florida 32081
(904) 638-4235 (telephone)
(904) 638-9302 (facsimile)
jake@woolseymorcom.com
leticia@woolseymorcom.com
kristina@woolseymorcom.com
ATTORNEYS FOR THE PLAINTIFFS
Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM
IN THE CIRCUIT COURT, OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 23002380CA
PATRICIA SANKUS and RONALD
SANKUS,
Plaintiffs,
vs.
FIRST PROTECTIVE INSURANCE
COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO DEFENDANT
Plaintiffs, PATRICIA SANKUS and RONALD SANKUS (“Plaintiffs”), by and
through their undersigned counsel, pursuant to Florida Rule of Civil Procedure Rule
1.370, request Defendant, FIRST PROTECTIVE INSURANCE COMPANY (“Defendant”),
to admit in this action, that each of the following statements are true:
1 Please admit that the insurance policy numbered FPH3-000152337 (the
“Policy”) which is involved in this lawsuit was issued or renewed by Defendant to Plaintiffs.
ANSWER:
2 Please admit that Defendant was providing insurance coverage to the
property located at 17106 Seashore Avenue, Port Charlotte, Florida 33948 (the
“Property”) under the Policy at the time of the peril described in Plaintiffs’ Complaint.
ANSWER:
3 Please admit that Plaintiffs have provided access to the Property and that
Defendant has had an opportunity to investigate the Plaintiffs’ claim for damages.
ANSWER:
4 Please admit that Plaintiffs sustained a covered loss to the Property during
a period covered by the Policy.
ANSWER:
5. Please admit that Plaintiffs have complied with all conditions precedent to
obtaining benefits under the Policy.
ANSWER:
6 Please admit that Plaintiffs have complied with all conditions precedent to
the maintenance of this action.
ANSWER:
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of
the foregoing has been provided to the Defendant via the Chief Financial Officer as RA,
Service of Process Section, 200 East Gains Street, Tallahassee, FL 32314.
WOOLSEY MORCOM, PLLC
By: /s/ Jacob D. Piasecki
JACOB D. PIASECKI, ESQ.
Florida Bar No. 108709
203 Fort Wade Road, Suite 105
Ponte Vedra, Florida 32081
(904) 638-4235 (telephone)
(904) 638-9302 (facsimile)
jake@woolseymorcom.com
leticia@woolseymorcom.com
kristina@woolseymorcom.com
ATTORNEYS FOR THE PLAINTIFFS
Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM
IN THE CIRCUIT COURT, OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 23002380CA
PATRICIA SANKUS and RONALD
SANKUS,
Plaintiffs,
vs.
FIRST PROTECTIVE INSURANCE
COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT
Plaintiffs, PATRICIA SANKUS and RONALD SANKUS (“Plaintiffs”), by and
through their undersigned attorneys, and pursuant to Rule 1.340, Florida Rules of Civil
Procedure, request Defendant, FIRST PROTECTIVE INSURANCE COMPANY
(‘Defendant’), to produce the originals or copies of the following items for inspection
and/or copying by the attorneys for the Plaintiffs at Woolsey Morcom, PLLC, 203 Fort
Wade Road, Suite 105, Ponte Vedra, Florida 32081, within forty-five (45) days of service
of this pleading, each of the documents listed below:
INSTRUCTIONS AND DEFINITIONS
A This request is intended to encompass documents, physical things, or
property in the possession, custody, or control of the responding party. Possession and
custody include both actual and constructive possession and custody. Control means
that the responding party has the legal right to obtain the item or category of items sought.
B Items in possession, custody or control of the responding party’s attorney
are not excluded, absent a timely and properly asserted claim of privilege. If privilege is
claimed for any item sought, please identify such item and state the nature of the privilege
claimed.
Cc If any item or category of items is sought that is not in the responding party’s
possession, custody or control, please provide any other documents or items, even
though not otherwise specifically requested, which contain all or any part of the
information contained in the item or category of items requested but not available.
D If any item or category of items sought is not in the responding party’s
possession or custody and is unavailable, notwithstanding the responding party’s control
(as defined above), please identify such item or category, identify its present location and
custodian, and describe the responding party’s efforts to produce it in response to this
request.
E If any item or category of items sought is not in the responding party’s
possession, custody or control, identify the item(s) and the person(s) having control of the
item(s), and identify the location of the item(s).
F The term “document” or “documents” means all writings of any kind,
including the originals and all non-identical copies, whether different from the originals by
reason of any notation made on such copies or otherwise, including without limitation,
correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes,
contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets,
books, interoffice and intra office communications, notations of any sort of conversations,
telephone calls, meetings or other communications, bulletins, printed matter, computer
printouts, teletypes, telefaxes, invoices, worksheets, all drafts, alterations, modifications,
changes, and amendments of any kind of the foregoing, graphic or oral records of
representation of any kind (including, without limitation, photographs, charts, graphs,
microfiche, microfilm, videotapes, recordings, motion pictures), and any electronic,
mechanical, or electronic records or representations (including, without limitation, tapes,
cassettes, disks, records, and computer memories).
G The “Complaint” refers to the complaint filed in this action and any
amendments to the Complaint.
H “Plaintiffs” refers to the Plaintiffs, PATRICIA SANKUS and RONALD
SANKUS.
I The terms “you” or “your” refers to the Defendant, FIRST PROTECTIVE
INSURANCE COMPANY.
J Whenever the term “Incident” is used, it refers to the incident giving rise to
Plaintiffs’ claim reported, on September 28, 2022 as further described in Plaintiffs’
Complaint.
K The term “Property” refers to the real property owned by Plaintiffs and
insured by Defendant located at 17106 Seashore Avenue, Port Charlotte, Florida 33948.
L The term “Policy” refers to FIRST PROTECTIVE INSURANCE COMPANY
policy number FPH3-000152337.
ITEMS TO BE PRODUCED
1 A certified copy of the complete Policy to include all endorsements.
RESPONSE:
2 All documents concerning any agreement between you and the
Policyholder, other than the Policy and endorsements issued, including, but not limited
to, retrospective rating agreement that You contend may affect the amount or scope of
coverage available under the policy.
RESPONSE:
3 All documents exchanged between you and the Plaintiffs relating to claim
number 01000066439.
RESPONSE:
4 All documents evidence or relating to communications between you and the
Policyholder relating to claim number 01000066439.
RESPONSE:
5 All documents exchanged between you and any third party, including but
not limited to adjusters, appraisers, engineers, consultants, preferred venders, brokers,
agents, insurers relating to claim number 01000066439.
RESPONSE:
6 All documents evidencing or relating to your internal communications
relating to claim number 01000066439, to include but not limited to, emails, text
messages, internal correspondence, instant messages.
RESPONSE:
The field notes, measurements, and file maintained by the adjuster(s) and engineers
who physically inspected the subject property.
RESPONSE:
7 Video tapes, photographs, and records of the Plaintiffs’ Property, regardless
of whether or not these items are intended to be offered as evidence in trial.
RESPONSE:
8 All documents identified on Defendant's exhibit list or otherwise intended to
be introduced as an exhibit.
RESPONSE:
9 All documents relating to the Plaintiffs’ claim number 01000066439
generated by, prepared by, prepared for, or reviewed by a consulting expert who is not
designated to testify in trial of this matter and whose opinions or reports have been
reviewed by or relied upon by experts who may testify at trial.
RESPONSE:
10. The most recent resume or curriculum vitae, including bibliography, for each
consulting expert who is not designated to testify at trial in this matter and whose opinions
or reports have been reviewed by or relied upon by experts who may testify at trial.
RESPONSE:
11. Any and all statements, in whatever format or media, and transcripts of all
statements, given by the Plaintiffs, or anyone acting on behalf of the Plaintiffs, to the
Defendant.
RESPONSE:
12. Any and all estimates of loss pertaining to real or personal property of the
Plaintiffs, prepared by or on behalf of the Defendant after its initial inspection of the
claimed loss, whether relied upon by Defendant or not, and whether used as a basis for
payment or not.
RESPONSE:
13. Any and all inspections, reports, or other documents in Defendant's
possession showing the condition of the Property prior to the date of loss.
RESPONSE:
14. Copies of any and all Proof of Loss forms submitted by or on behalf of
Plaintiffs, with supporting documents, if any.
RESPONSE:
15. Copies of all payments, in whatever form or media, made to or on behalf of the
Plaintiffs.
RESPONSE:
16. Any and all reports or opinions concerning the cause and/or origin of any
and all damage submitted by Plaintiffs for the claim 01000066439.
RESPONSE:
17. For any documents, communications, or things otherwise discoverable that
are not produced pursuant to privilege or protection claimed by Defendant, please provide
a privilege log pursuant to Fla. R. Civ. Pr. 1.280(b)(6), outlining the date of the document,
the number of pages, and describe the nature of the document, communication, or thing
not produced or disclosed, without revealing any information that is privileged or
protected, to enable Plaintiffs to assess the applicability of the privilege or protection
claimed.
RESPONSE:
18. Those documents with Defendant contends constitute an evidentiary basis
to support each of its Affirmative Defenses.
RESPONSE:
19. The complete claims file pertaining to claim number 01000066439 of
Plaintiffs from the date of loss to the time of the filing of this lawsuit. If any portion of the
claims file is withheld under a claim of privilege, produce a detailed privilege log containing
sufficient information to identify each document or item withheld and the privilege claimed
with respect to each document or item withheld.
RESPONSE:
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of
the foregoing has been provided to the Defendant via the Chief Financial Officer as RA,
Service of Process Section, 200 East Gains Street, Tallahassee, FL 32314.
WOOLSEY MORCOM, PLLC
By: /s/ Jacob D. Piasecki
JACOB D. PIASECKI, ESQ.
Florida Bar No. 108709
203 Fort Wade Road, Suite 105
Ponte Vedra, Florida 32081
(904) 638-4235 (telephone)
(904) 638-9302 (facsimile)
jake@woolseymorcom.com
leticia@woolseymorcom.com
kristina@woolseymorcom.com
ATTORNEYS FOR THE PLAINTIFFS
Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM
IN THE CIRCUIT COURT, OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 23002380CA
PATRICIA SANKUS and RONALD
SANKUS,
Plaintiffs,
vs.
FIRST PROTECTIVE INSURANCE
COMPANY,
Defendant.
PLAINTIFFS’ NOTICE OF SERVING FIRST INTERROGATORIES TO DEFENDANT
Plaintiffs, PATRICIA SANKUS and RONALD SANKUS, III ("Plaintiffs"), by and
through undersigned counsel, and pursuant to Rule 1.340, Florida Rules of Civil
Procedure, hereby give notice of serving Plaintiffs First Interrogatories to Defendant,
FIRST PROTECTIVE INSURANCE COMPANY (Defendant"). Defendant is hereby
required to answer these Interrogatories numbered one (1) through seventeen (17), under
oath, in writing, and within forty-five (45) days from the date of service of process.
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of
the foregoing has been provided to the Defendant via the Chief Financial Officer as RA,
Service of Process Section, 200 East Gains Street, Tallahassee, FL 32314.
WOOLSEY MORCOM, PLLC
By: /s/ Jacob D. Piasecki
JACOB D. PIASECKI, ESQ.
Florida Bar No. 108709
203 Fort Wade Road, Suite 105
Ponte Vedra, Florida 32081
(904) 638-4235 (telephone)
(904) 638-9302 (facsimile)
jake@woolseymorcom.com
leticia@woolseymorcom.com
kristina@woolseymorcom.com
ATTORNEYS FOR THE PLAINTIFFS
IN THE CIRCUIT COURT, OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 23002380CA
PATRICIA SANKUS and RONALD
SANKUS,
Plaintiffs,
vs.
FIRST PROTECTIVE INSURANCE
COMPANY,
Defendant.
/
PLAINTIFFS’ FIRST INTERROGATORIES TO DEFENDANT
Plaintiffs, PATRICIA SANKUS and RONALD SANKUS (“Plaintiffs”), by and
through undersigned counsel, and pursuant to Rule 1.340, Florida Rules of Civil
Procedure, request Defendant, FIRST PROTECTIVE INSURANCE COMPANY, answer
under oath and in writing, within forty-five (45) days, the following interrogatories:
DEFINITIONS
The following definitions apply to these interrogatories:
A The words “you” or “your” refer to the defendant, FIRST PROTECTIVE
INSURANCE COMPANY , and all officers, directors, agents, employees or other persons
or entities related to FIRST PROTECTIVE INSURANCE COMPANY or acting on the
behalf of FIRST PROTECTIVE INSURANCE COMPANY during the relevant period.
B The “Complaint” refers to the complaint filed in this action and any
amendments to the Complaint.
Cc “Plaintiffs” refers to the Plaintiffs, PATRICIA SANKUS and RONALD
SANKUS.
D Whenever the term “Incident” is used, it refers to the incident giving rise to
Plaintiffs’ claim, that occurred on September 28, 2022, as further described in Plaintiffs’
Complaint.
E The term “Property” refers to the real property owned by Plaintiffs and
insured by Defendant located at 17106 Seashore Avenue, Port Charlotte, Florida 33948.
F The term “Policy” refers to FIRST PROTECTIVE INSURANCE COMPANY
policy No. FPH3-000152337.
G The words “document” or “documents” include, without limiting the
generality of the foregoing, correspondence, agreements, memoranda, calendar and
diary entries, memoranda of conversations and of meetings, telephone notes, studies,
reports, offers, inquiries, bulletins, brochures, summaries, newsletters, compilations,
maps, charts, graphs, photographs, film, slides, microfilm, articles, announcements,
books, books of account, ledgers, vouchers, cancelled checks, invoices, bills, opinions,
certificates, and all other tangible things upon which any handwriting, typing, printing,
drawings, representation, magnetic or electrical impulses, or other form of communication
is recorded, including audio and video recordings and computer stored information.
H The words "person" or "persons" mean all-natural persons ("individual" or
"individuals") and entities, including without limitation: corporations, companies,
partnerships, limited partnerships, joint ventures, trusts, estates, associations, public
agencies, departments, bureaus and boards.
I “Communication” means every manner or means of disclosure, transfer or
exchange, and every disclosure, transfer or exchange of information whether orally or
face-to-face, or by telephone, mail, text message, personal delivery, document, or
otherwise.
J “Or” shall be construed either conjunctively or disjunctively to bring within
the scope of these requests any information which might otherwise be construed to be
outside their scope.
K “Identify,” when used in reference to an individual PERSON, means to state
his or her full name, present address or last known address, telephone number, if known,
and his or her present employment position and business affiliation. “Identify,” when used
in reference to a DOCUMENT means to state the date of its execution, or if undated, the
date it was prepared, the author, the addressee, the type of document, or any other
means of identifying it with sufficient particularity to meet the requirements for inclusion
in a request for production of documents, pursuant to Rule 1.350, Florida Rules of Civil
Procedure. If any such document was, but is no longer, in your possession or subject to
your control, state what disposition was made of it and the reason for its disposition. In
lieu of identifying any document, a true and correct copy thereof may be annexed to and
incorporated in the answers to these interrogatories.
INTERROGATORIES
1 State the name title, address and phone number of each person who
assisted in the formulation of the answers to these Interrogatories.
ANSWER:
2 Please state the name, address, phone number, and title of each person(s)
who had any role in analyzing or adjusting the Plaintiffs’ insurance claim for the damages
and claim which underlie this litigation, giving a brief description of each person’s
responsibilities and actions. Identify which individuals participated in the coverage
determination reached by Defendant, including the initial investigation in this claim
number 01000066439, which is the subject of this litigation.
ANSWER:
3 State the names, addresses, phone numbers, and titles of any person
known to you or your attorneys who has any relevant knowledge of the issues forming
the basis of this litigation. Please state the nature or general substance of each person(s)
knowledge.
ANSWER:
4 State with specificity all contractual amounts owed to Plaintiffs by Defendant
as a result of the loss and damage which forms the basis of this litigation, whether or not
payment has been tendered to Plaintiffs.
ANSWER:
5. State whether Plaintiffs made any previous claims to Defendant on the
policy of insurance that is the subject of this litigation, or any other policy with Defendant,
and for each previous claim state: the nature of the claim; the date of the claim; the
amount of the claim; and the amount paid by Defendant on the claim.
ANSWER:
6 Identify by name, author, and date of report, all reports, estimates,
evaluations, appraisals, or similar documents prepared by or on behalf of Defendant
concerning any aspect of the claimed loss that underlies this litigation.
ANSWER:
7 Identify all expert witnesses you have retained or consulted with prior to the
moment you reasonably anticipated that a lawsuit was imminent, whether you will or may
call the expert to testify at the trial of this litigation and state the subject matter of each
expert’s opinions and/or the subject matter about which each expert is expected to testify.
ANSWER:
8 Disclose with specificity sufficient to effect service of process the identity of
all information bureaus and third-party sources, including but not limited to meteorological
data sources or ISO searches, from which Defendant has information related to the
Plaintiffs and/or Plaintiffs’ claim and state the exact information requested and the
information obtained from any such source.
ANSWER:
9 List all payments by Defendant to, or on behalf of, Plaintiffs, stating the
amount of payment, the date of payment, the exact coverage for which payment was
made, and for persons or entities other than Plaintiffs, the name and address of the
person or entity to whom payment was made.
ANSWER:
10. Describe all facts and circumstances that the Defendant relied on when
making the coverage determination in claim number 01000066439, which is the subject
of this litigation.
ANSWER:
11. State the facts and circumstances Defendant relies upon for each
affirmative defense set forth in the Answers and Affirmative Defenses filed in this matter,
or any other defenses raised in the response to the Plaintiffs’ Complaint.
ANSWER:
12. Is it contended that anything other than a covered peril under the subject
homeowners’ policy is, or may be, the cause, in whole or in part, of damage to the insured
premises, for which the claim has been asserted in this lawsuit? If so, please state the
legal basis for the contention, the facts or evidence upon which the contention is based,
and whether or not the Plaintiffs were previously notified of the contention, and when and
how such notice was affected.
ANSWER:
13. List any codes, regulations, standards, treatises, manuals, journals,
authoritative texts, statutes, rules, and or/generally accepted theories that were
referenced or relied upon when determining the cause and/or origin of any and all damage
submitted with claim number 01000066439.
ANSWER:
14. State the factual and legal basis for any contention that the Plaintiffs have
not satisfied Policy conditions or duties including the term or condition of the Policy not
complied with, how the Plaintiffs failed to comply with the term or condition, when a
request was made by you demanding compliance with the term or condition, and why
compliance with the term or condition was necessary for you to adjust the loss or
determine coverage.
ANSWER:
15. State the factual and legal basis for any contention that the Plaintiffs have
failed to mitigate damages.
ANSWER:
16. State the factual and legal basis for any contention that the Plaintiffs have
failed to cooperate with the investigation or adjustment of the Claim.
ANSWER:
17. State whether the property was inspected or whether any written or oral
authorization for repairs were made within seven (7) days after the first notice of loss,
describing any such actions taken in detail.
ANSWER:
JURAT PAGE
INSURANCE COMPANY REPRESENTATIVE
REPRESENTATIVE’S NAME (PRINTED)
STATE OF:
COUNTY OF:
The foregoing instrument was acknowledged before me this day of
. 2023, before me by 0 physical presence or O online
notarization by who is personally known to me, or who
has produced as identification and 0 who did or O did not
take an oath, and who says that he/she executed the foregoing Answers to Interrogatories
and that the Answers are true and correct to the best of his/her knowledge and belief.
(seal) Notary Public Signature
Printed Name
Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM
IN THE CIRCUIT COURT, OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 23002380CA
PATRICIA SANKUS and RONALD
SANKUS,
Plaintiffs,
vs.
FIRST PROTECTIVE INSURANCE
COMPANY,
Defendant.
/
NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS
Please be advised that, Jacob D. Piasecki Esq. hereby files this Notice of
Appearance as attorney of record for the Plaintiffs, PATRICIA SANKUS and RONALD
SANKUS, and files the Designation of Primary and Secondary Email Address pursuant
to Rule 2.516(b)(1)(A). Plaintiffs designate the following e-mail address for electronic
service of all pleadings in the above-styled cause as follow:
Primary Email Address: jake.piasecki@woolseymorcom.com
Secondary Email Addresses: kristina@woolseymorcom.com
leticia@woolseymorcom.com
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of
the foregoing has been provided to the Defendant via the Chief Financial Officer as RA,
Service of Process Section, 200 East Gains Str
Preview
Filing # 176297067 E-Filed 06/28/2023 09:58: AGO \eme ‘cuurr FINANCIAL OFFICER JIMMYSTATE OFPATRONIS. HLORIDA CASE #: 23002380CA PATRICIA SANKUS & RONALD SANKUS COURT: 20TH JUDICIAL CIRCUIT COUNTY: CHARLOTTE PLAINTIFF(S) DFS-SOP #: 23-000309485 VS. FIRST PROTECTIVE INSURANCE COMPANY DEFENDANT(S) / SUMMONS, COMPLAINT, DISCOVERY, PLT NOA AND EMAIL DESIGNATION, STANDING ORDER IN CIRCUIT CIVIL CASES, PLT NOTICE OF TAKING DEPOSITION DUCES TECUM OF DEF CR NOTICE OF SERVICE OF PROCESS NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Monday, June 26, 2023 and a copy was forwarded by ELECTRONIC DELIVERY on Wednesday, June 28, 2023 to the designated agent for the named entity as shown below. FIRST PROTECTIVE INSURANCE COMPANY MICHELLE DEMPSEY 500 INTERNATIONAL PKWY LAKE MARY, FL 32746 *Our office will only serve the initial process (Summons and Complaint) or Subpoena and is not responsible for transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Court pursuant to Florida Rules of Civil Procedure, Rule 1.080. Jimmy Patronis Chief Financial Officer LETICIA CRUZ-GONZALEZ WOOLSY MORCOM 203 FORT WADE RD., SUITE 105 PONTE VEDRA, FL 32801 cet Office of the General Counsel - Service of Process Section 200 East Gaines Street - P.O. Box 6200 - Tallahassee. FL 32314-6200 - (850)413-4200 Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM IN THE CIRCUIT COURT, OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23002380ca PATRICIA SANKUS and RONALD SANKUS, Plaintiffs, vs. FIRST PROTECTIVE INSURANCE COMPANY, Defendant. / SUMMONS TO FIRST PROTECTIVE INSURANCE COMPANY A Florida insurance corporation c/o Chief Financial Officer as RA Service of Process Section 200 East Gains Street Tallahassee, FL 32314-6200 YOU ARE COMMANDED to serve this Summons and a copy of the Complaint, Notice of Appearance and Email Designation, First Request for Production of Documents, First Interrogatories, First Request for Admissions, and Notice of Deposition to Defendant, in this action on Defendant, FIRST PROTECTIVE INSURANCE COMPANY, a domestic insurance corporation. Each Defendant is required to serve written defenses to the Complaint or Petition on the attorney for Plaintiffs, wnose name is, Jacob D. Piasecki Esq., Woolsey Morcom, PLLC, 203 Fort Wade Road, Suite 105, Ponte Vedra, FL 32081 within 20 days after service of this Summons on that Defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on attorneys for Plaintiffs or immediately thereafter. If a Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Complaint or Petition. Dated: 06/22/2023 Clerk of the Court Roger D. Eaton By: BanisCarace. (SEAL) Dep Clerk IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the "Plaintiff/Plaintiffs Attorney" named above. IMPORTANTE Usted ha sido demandado legalmente. Tiene veinte (20) dias, contados a partir del recibo de esta notificacién, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una llamada telefonica no 10 protegera; si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes interesadas en dicho caso. Si usted no contesta la demanda a tiempo, pudiese perder el caso y podria ser despojado de sus ingresos y propiedades, 0 privado de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si 10 desea, puede usted consultar aun abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en la guia telefénica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su respuesta ante el tribunal, debera usted enviar por correo 0 entregar una copia de su respuesta a la persona denominada abajo como "Plaintiff/Plaintiffs' Attorney." (Demandate 0 Abogado del Demandante). IMPORTANT Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de l'assignation de cet'te citation pour deposer une reponse ecrite a la plainteci- jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger;vous etes oblige de deposer votre response ecrite, avec mention du numero de dossier ci-dessuset du nom des parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du Tribunal. Il y a d'autres obligations juridiques et vous pouvez requerir les services immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a un bureau d'assistance juridique (figurant a l'annuaire de telephones). Si vous choisissez de deposer vos-meme une reponse ecrite, il vous faudra egalement, en meme temps que cette fonnalite, faire parvenir ou expedier une copie au carbone ou une photocopie de votre reponse ecrite au “Plaintiff/Plaintiffs' Attorney" (Plaignant ou a son avocat) nomme ci-dessous. Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM IN THE CIRCUIT COURT, OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23002380CA PATRICIA SANKUS and RONALD SANKUS, Plaintiffs, vs. FIRST PROTECTIVE INSURANCE COMPANY, Defendant. COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW the Plaintiffs, PATRICIA SANKUS and RONALD SANKUS (hereinafter referred to as “Plaintiffs”), by and through the undersigned counsel, and hereby sue Defendant, FIRST PROTECTIVE INSURANCE COMPANY, (hereinafter referred to as “Defendant”), and as grounds therefore state as follows: JURISDICTION AND VENUE 1 This is an action for damages in excess of fifty thousand dollars ($50,000) exclusive of pre-judgment interest, attorneys’ fees, and costs. 2 At all relevant times, Plaintiffs owned real property located at 17106 Seashore Avenue, Port Charlotte, Florida 33948, (the “Property”). 3 At all relevant times, the Defendant was and is a corporation duly licensed to conduct business in the State of Florida and is engaged in the business of property insurance in Port Charlotte, Charlotte County, Florida. 4 Plaintiffs filed a Property Insurance Notice of Intent to Initiate Litigation pursuant to Section 627.70152, Florida Statutes on February 21, 2023, which was assigned Notice Number 86610. 5. Jurisdiction and venue are property in this Court. GENERAL ALLEGATIONS 6 At all times material hereto, the Property was insured by policy number FPH3-000152337 (the “Policy”), issued by Defendant. 7 The Policy is attached hereto as Exhibit A. 8 All premiums for the Policy were paid, and the Policy was in full force and effect at all relevant times. 9 According to the terms of the Policy, the Defendant agreed to provide insurance coverage against certain losses to the Property. 10. The Policy extends coverage if the Property suffers a direct physical loss that is not excluded or excepted by the terms of the Policy. 11. On or around September 28, 2022 the Property was damaged by wind and wind-driven rain and debris from Hurricane lan (the “Loss”). 12. Plaintiffs applied for insurance benefits under the Policy by reporting the Loss to Defendant on or around September 30, 2022, whereupon Defendant opened and assigned claim number 01000066439 (the “Claim”) for the Loss. 13. Plaintiffs provided access to the property for Defendant to inspect and investigate the Loss and create an estimate for repairs. 14. Defendant acknowledged receipt of the Claim and is fully on notice of the cause of loss and scope of damages sustained. 15. The Loss was caused wholly by covered perils under the Policy. 16. The Defendant failed and refused to pay Plaintiffs all benefits due and owing for the Loss under the terms of the Policy. 17. All conditions precedent or subsequent to receiving benefits from Defendant under the Policy have been satisfied or waived. 18. As a result of Defendant’s refusal to pay the losses sustained by Plaintiffs, Plaintiffs have had to retain the services of the undersigned counsel. 19. Defendant is obligated to pay, and Plaintiffs are entitled to receive reasonable attorneys’ fees and costs in this action pursuant to §627.428, §626.9373, or §627.70152 Florida Statutes and case law interpreting those statutes’ application to insureds’ rights in first party actions. See Menendez v. Progressive Exp. Ins. Co., Inc., 35 So.3d 873, 878 (Fla. 2010) and its progeny. COUNT | - BREACH OF CONTRACT 20. Plaintiffs hereby incorporate by reference paragraphs 1 through 19 as though fully set forth herein. 21. Plaintiffs and Defendant are parties to a valid and binding contract under which Defendant is required to provide insurance benefits to Plaintiffs in the event of a covered loss to the Property. 22. Plaintiffs suffered a covered loss to the Property. 23. Defendant has materially breached the Policy by failing to pay Plaintiffs all the benefits due and owing under the Policy. 24. Defendant breached the Policy by: a Failing to pay all benefits due and owing to the direct physical loss to the Property; and b. Failing to properly scope the repairs needed to the Property. 25. Plaintiffs suffered and continue to suffer damages as a result of Defendant’s breach of contract. Damages are continuing to result in harm as the Property has not been properly or adequately returned to its pre-loss condition as a result of Defendant's refusal to provide full coverage. 26. Plaintiffs are entitled to monetary damages from Defendant to repair the direct physical loss to the Property. 27. Plaintiffs have done and performed all those matters and things property required under the insurance policy, or alternatively, Plaintiffs have been excused from performance by the acts of Defendant by its representations or conduct. 28. As a direct result of Defendant’s breach of its insurance contract, it has been necessary for Plaintiffs to incur and become obligated for attorneys’ fees and costs in the prosecution of this action. Florida Statute 627.428 provides for the recovery of such attorneys’ fees in the event of such need. WHEREFORE, Plaintiffs respectfully request this Court enter judgment against Defendant and seek the following damages: (a) all benefits available under the Policy including without limitation the full replacement cost for the damaged property; (b) pre-judgment statutory interest; (c) court costs, attorneys’ fees and costs, experts’ fees and costs; and (d) any such other relief that this Court deems just and appropriate. JURY DEMAND Plaintiffs demand a trial by jury on all issues so triable by right. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of the foregoing has been provided to the Defendant via the Chief Financial Officer as RA, Service of Process Section, 200 East Gains Street, Tallahassee, FL 32314. WOOLSEY MORCOM, PLLC By: /s/ Jacob D. Piasecki JACOB D. PIASECKI, ESQ. Florida Bar No. 108709 203 Fort Wade Road, Suite 105 Ponte Vedra, Florida 32081 (904) 638-4235 (telephone) (904) 638-9302 (facsimile) jake@woolseymorcom.com leticia@woolseymorcom.com kristina@woolseymorcom.com ATTORNEYS FOR THE PLAINTIFFS Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM IN THE CIRCUIT COURT, OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23002380CA PATRICIA SANKUS and RONALD SANKUS, Plaintiffs, vs. FIRST PROTECTIVE INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR ADMISSIONS TO DEFENDANT Plaintiffs, PATRICIA SANKUS and RONALD SANKUS (“Plaintiffs”), by and through their undersigned counsel, pursuant to Florida Rule of Civil Procedure Rule 1.370, request Defendant, FIRST PROTECTIVE INSURANCE COMPANY (“Defendant”), to admit in this action, that each of the following statements are true: 1 Please admit that the insurance policy numbered FPH3-000152337 (the “Policy”) which is involved in this lawsuit was issued or renewed by Defendant to Plaintiffs. ANSWER: 2 Please admit that Defendant was providing insurance coverage to the property located at 17106 Seashore Avenue, Port Charlotte, Florida 33948 (the “Property”) under the Policy at the time of the peril described in Plaintiffs’ Complaint. ANSWER: 3 Please admit that Plaintiffs have provided access to the Property and that Defendant has had an opportunity to investigate the Plaintiffs’ claim for damages. ANSWER: 4 Please admit that Plaintiffs sustained a covered loss to the Property during a period covered by the Policy. ANSWER: 5. Please admit that Plaintiffs have complied with all conditions precedent to obtaining benefits under the Policy. ANSWER: 6 Please admit that Plaintiffs have complied with all conditions precedent to the maintenance of this action. ANSWER: [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] CERTIFICATE OF SERVICE | HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of the foregoing has been provided to the Defendant via the Chief Financial Officer as RA, Service of Process Section, 200 East Gains Street, Tallahassee, FL 32314. WOOLSEY MORCOM, PLLC By: /s/ Jacob D. Piasecki JACOB D. PIASECKI, ESQ. Florida Bar No. 108709 203 Fort Wade Road, Suite 105 Ponte Vedra, Florida 32081 (904) 638-4235 (telephone) (904) 638-9302 (facsimile) jake@woolseymorcom.com leticia@woolseymorcom.com kristina@woolseymorcom.com ATTORNEYS FOR THE PLAINTIFFS Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM IN THE CIRCUIT COURT, OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23002380CA PATRICIA SANKUS and RONALD SANKUS, Plaintiffs, vs. FIRST PROTECTIVE INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION TO DEFENDANT Plaintiffs, PATRICIA SANKUS and RONALD SANKUS (“Plaintiffs”), by and through their undersigned attorneys, and pursuant to Rule 1.340, Florida Rules of Civil Procedure, request Defendant, FIRST PROTECTIVE INSURANCE COMPANY (‘Defendant’), to produce the originals or copies of the following items for inspection and/or copying by the attorneys for the Plaintiffs at Woolsey Morcom, PLLC, 203 Fort Wade Road, Suite 105, Ponte Vedra, Florida 32081, within forty-five (45) days of service of this pleading, each of the documents listed below: INSTRUCTIONS AND DEFINITIONS A This request is intended to encompass documents, physical things, or property in the possession, custody, or control of the responding party. Possession and custody include both actual and constructive possession and custody. Control means that the responding party has the legal right to obtain the item or category of items sought. B Items in possession, custody or control of the responding party’s attorney are not excluded, absent a timely and properly asserted claim of privilege. If privilege is claimed for any item sought, please identify such item and state the nature of the privilege claimed. Cc If any item or category of items is sought that is not in the responding party’s possession, custody or control, please provide any other documents or items, even though not otherwise specifically requested, which contain all or any part of the information contained in the item or category of items requested but not available. D If any item or category of items sought is not in the responding party’s possession or custody and is unavailable, notwithstanding the responding party’s control (as defined above), please identify such item or category, identify its present location and custodian, and describe the responding party’s efforts to produce it in response to this request. E If any item or category of items sought is not in the responding party’s possession, custody or control, identify the item(s) and the person(s) having control of the item(s), and identify the location of the item(s). F The term “document” or “documents” means all writings of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise, including without limitation, correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, interoffice and intra office communications, notations of any sort of conversations, telephone calls, meetings or other communications, bulletins, printed matter, computer printouts, teletypes, telefaxes, invoices, worksheets, all drafts, alterations, modifications, changes, and amendments of any kind of the foregoing, graphic or oral records of representation of any kind (including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings, motion pictures), and any electronic, mechanical, or electronic records or representations (including, without limitation, tapes, cassettes, disks, records, and computer memories). G The “Complaint” refers to the complaint filed in this action and any amendments to the Complaint. H “Plaintiffs” refers to the Plaintiffs, PATRICIA SANKUS and RONALD SANKUS. I The terms “you” or “your” refers to the Defendant, FIRST PROTECTIVE INSURANCE COMPANY. J Whenever the term “Incident” is used, it refers to the incident giving rise to Plaintiffs’ claim reported, on September 28, 2022 as further described in Plaintiffs’ Complaint. K The term “Property” refers to the real property owned by Plaintiffs and insured by Defendant located at 17106 Seashore Avenue, Port Charlotte, Florida 33948. L The term “Policy” refers to FIRST PROTECTIVE INSURANCE COMPANY policy number FPH3-000152337. ITEMS TO BE PRODUCED 1 A certified copy of the complete Policy to include all endorsements. RESPONSE: 2 All documents concerning any agreement between you and the Policyholder, other than the Policy and endorsements issued, including, but not limited to, retrospective rating agreement that You contend may affect the amount or scope of coverage available under the policy. RESPONSE: 3 All documents exchanged between you and the Plaintiffs relating to claim number 01000066439. RESPONSE: 4 All documents evidence or relating to communications between you and the Policyholder relating to claim number 01000066439. RESPONSE: 5 All documents exchanged between you and any third party, including but not limited to adjusters, appraisers, engineers, consultants, preferred venders, brokers, agents, insurers relating to claim number 01000066439. RESPONSE: 6 All documents evidencing or relating to your internal communications relating to claim number 01000066439, to include but not limited to, emails, text messages, internal correspondence, instant messages. RESPONSE: The field notes, measurements, and file maintained by the adjuster(s) and engineers who physically inspected the subject property. RESPONSE: 7 Video tapes, photographs, and records of the Plaintiffs’ Property, regardless of whether or not these items are intended to be offered as evidence in trial. RESPONSE: 8 All documents identified on Defendant's exhibit list or otherwise intended to be introduced as an exhibit. RESPONSE: 9 All documents relating to the Plaintiffs’ claim number 01000066439 generated by, prepared by, prepared for, or reviewed by a consulting expert who is not designated to testify in trial of this matter and whose opinions or reports have been reviewed by or relied upon by experts who may testify at trial. RESPONSE: 10. The most recent resume or curriculum vitae, including bibliography, for each consulting expert who is not designated to testify at trial in this matter and whose opinions or reports have been reviewed by or relied upon by experts who may testify at trial. RESPONSE: 11. Any and all statements, in whatever format or media, and transcripts of all statements, given by the Plaintiffs, or anyone acting on behalf of the Plaintiffs, to the Defendant. RESPONSE: 12. Any and all estimates of loss pertaining to real or personal property of the Plaintiffs, prepared by or on behalf of the Defendant after its initial inspection of the claimed loss, whether relied upon by Defendant or not, and whether used as a basis for payment or not. RESPONSE: 13. Any and all inspections, reports, or other documents in Defendant's possession showing the condition of the Property prior to the date of loss. RESPONSE: 14. Copies of any and all Proof of Loss forms submitted by or on behalf of Plaintiffs, with supporting documents, if any. RESPONSE: 15. Copies of all payments, in whatever form or media, made to or on behalf of the Plaintiffs. RESPONSE: 16. Any and all reports or opinions concerning the cause and/or origin of any and all damage submitted by Plaintiffs for the claim 01000066439. RESPONSE: 17. For any documents, communications, or things otherwise discoverable that are not produced pursuant to privilege or protection claimed by Defendant, please provide a privilege log pursuant to Fla. R. Civ. Pr. 1.280(b)(6), outlining the date of the document, the number of pages, and describe the nature of the document, communication, or thing not produced or disclosed, without revealing any information that is privileged or protected, to enable Plaintiffs to assess the applicability of the privilege or protection claimed. RESPONSE: 18. Those documents with Defendant contends constitute an evidentiary basis to support each of its Affirmative Defenses. RESPONSE: 19. The complete claims file pertaining to claim number 01000066439 of Plaintiffs from the date of loss to the time of the filing of this lawsuit. If any portion of the claims file is withheld under a claim of privilege, produce a detailed privilege log containing sufficient information to identify each document or item withheld and the privilege claimed with respect to each document or item withheld. RESPONSE: [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] CERTIFICATE OF SERVICE | HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of the foregoing has been provided to the Defendant via the Chief Financial Officer as RA, Service of Process Section, 200 East Gains Street, Tallahassee, FL 32314. WOOLSEY MORCOM, PLLC By: /s/ Jacob D. Piasecki JACOB D. PIASECKI, ESQ. Florida Bar No. 108709 203 Fort Wade Road, Suite 105 Ponte Vedra, Florida 32081 (904) 638-4235 (telephone) (904) 638-9302 (facsimile) jake@woolseymorcom.com leticia@woolseymorcom.com kristina@woolseymorcom.com ATTORNEYS FOR THE PLAINTIFFS Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM IN THE CIRCUIT COURT, OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23002380CA PATRICIA SANKUS and RONALD SANKUS, Plaintiffs, vs. FIRST PROTECTIVE INSURANCE COMPANY, Defendant. PLAINTIFFS’ NOTICE OF SERVING FIRST INTERROGATORIES TO DEFENDANT Plaintiffs, PATRICIA SANKUS and RONALD SANKUS, III ("Plaintiffs"), by and through undersigned counsel, and pursuant to Rule 1.340, Florida Rules of Civil Procedure, hereby give notice of serving Plaintiffs First Interrogatories to Defendant, FIRST PROTECTIVE INSURANCE COMPANY (Defendant"). Defendant is hereby required to answer these Interrogatories numbered one (1) through seventeen (17), under oath, in writing, and within forty-five (45) days from the date of service of process. [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] CERTIFICATE OF SERVICE | HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of the foregoing has been provided to the Defendant via the Chief Financial Officer as RA, Service of Process Section, 200 East Gains Street, Tallahassee, FL 32314. WOOLSEY MORCOM, PLLC By: /s/ Jacob D. Piasecki JACOB D. PIASECKI, ESQ. Florida Bar No. 108709 203 Fort Wade Road, Suite 105 Ponte Vedra, Florida 32081 (904) 638-4235 (telephone) (904) 638-9302 (facsimile) jake@woolseymorcom.com leticia@woolseymorcom.com kristina@woolseymorcom.com ATTORNEYS FOR THE PLAINTIFFS IN THE CIRCUIT COURT, OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23002380CA PATRICIA SANKUS and RONALD SANKUS, Plaintiffs, vs. FIRST PROTECTIVE INSURANCE COMPANY, Defendant. / PLAINTIFFS’ FIRST INTERROGATORIES TO DEFENDANT Plaintiffs, PATRICIA SANKUS and RONALD SANKUS (“Plaintiffs”), by and through undersigned counsel, and pursuant to Rule 1.340, Florida Rules of Civil Procedure, request Defendant, FIRST PROTECTIVE INSURANCE COMPANY, answer under oath and in writing, within forty-five (45) days, the following interrogatories: DEFINITIONS The following definitions apply to these interrogatories: A The words “you” or “your” refer to the defendant, FIRST PROTECTIVE INSURANCE COMPANY , and all officers, directors, agents, employees or other persons or entities related to FIRST PROTECTIVE INSURANCE COMPANY or acting on the behalf of FIRST PROTECTIVE INSURANCE COMPANY during the relevant period. B The “Complaint” refers to the complaint filed in this action and any amendments to the Complaint. Cc “Plaintiffs” refers to the Plaintiffs, PATRICIA SANKUS and RONALD SANKUS. D Whenever the term “Incident” is used, it refers to the incident giving rise to Plaintiffs’ claim, that occurred on September 28, 2022, as further described in Plaintiffs’ Complaint. E The term “Property” refers to the real property owned by Plaintiffs and insured by Defendant located at 17106 Seashore Avenue, Port Charlotte, Florida 33948. F The term “Policy” refers to FIRST PROTECTIVE INSURANCE COMPANY policy No. FPH3-000152337. G The words “document” or “documents” include, without limiting the generality of the foregoing, correspondence, agreements, memoranda, calendar and diary entries, memoranda of conversations and of meetings, telephone notes, studies, reports, offers, inquiries, bulletins, brochures, summaries, newsletters, compilations, maps, charts, graphs, photographs, film, slides, microfilm, articles, announcements, books, books of account, ledgers, vouchers, cancelled checks, invoices, bills, opinions, certificates, and all other tangible things upon which any handwriting, typing, printing, drawings, representation, magnetic or electrical impulses, or other form of communication is recorded, including audio and video recordings and computer stored information. H The words "person" or "persons" mean all-natural persons ("individual" or "individuals") and entities, including without limitation: corporations, companies, partnerships, limited partnerships, joint ventures, trusts, estates, associations, public agencies, departments, bureaus and boards. I “Communication” means every manner or means of disclosure, transfer or exchange, and every disclosure, transfer or exchange of information whether orally or face-to-face, or by telephone, mail, text message, personal delivery, document, or otherwise. J “Or” shall be construed either conjunctively or disjunctively to bring within the scope of these requests any information which might otherwise be construed to be outside their scope. K “Identify,” when used in reference to an individual PERSON, means to state his or her full name, present address or last known address, telephone number, if known, and his or her present employment position and business affiliation. “Identify,” when used in reference to a DOCUMENT means to state the date of its execution, or if undated, the date it was prepared, the author, the addressee, the type of document, or any other means of identifying it with sufficient particularity to meet the requirements for inclusion in a request for production of documents, pursuant to Rule 1.350, Florida Rules of Civil Procedure. If any such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it and the reason for its disposition. In lieu of identifying any document, a true and correct copy thereof may be annexed to and incorporated in the answers to these interrogatories. INTERROGATORIES 1 State the name title, address and phone number of each person who assisted in the formulation of the answers to these Interrogatories. ANSWER: 2 Please state the name, address, phone number, and title of each person(s) who had any role in analyzing or adjusting the Plaintiffs’ insurance claim for the damages and claim which underlie this litigation, giving a brief description of each person’s responsibilities and actions. Identify which individuals participated in the coverage determination reached by Defendant, including the initial investigation in this claim number 01000066439, which is the subject of this litigation. ANSWER: 3 State the names, addresses, phone numbers, and titles of any person known to you or your attorneys who has any relevant knowledge of the issues forming the basis of this litigation. Please state the nature or general substance of each person(s) knowledge. ANSWER: 4 State with specificity all contractual amounts owed to Plaintiffs by Defendant as a result of the loss and damage which forms the basis of this litigation, whether or not payment has been tendered to Plaintiffs. ANSWER: 5. State whether Plaintiffs made any previous claims to Defendant on the policy of insurance that is the subject of this litigation, or any other policy with Defendant, and for each previous claim state: the nature of the claim; the date of the claim; the amount of the claim; and the amount paid by Defendant on the claim. ANSWER: 6 Identify by name, author, and date of report, all reports, estimates, evaluations, appraisals, or similar documents prepared by or on behalf of Defendant concerning any aspect of the claimed loss that underlies this litigation. ANSWER: 7 Identify all expert witnesses you have retained or consulted with prior to the moment you reasonably anticipated that a lawsuit was imminent, whether you will or may call the expert to testify at the trial of this litigation and state the subject matter of each expert’s opinions and/or the subject matter about which each expert is expected to testify. ANSWER: 8 Disclose with specificity sufficient to effect service of process the identity of all information bureaus and third-party sources, including but not limited to meteorological data sources or ISO searches, from which Defendant has information related to the Plaintiffs and/or Plaintiffs’ claim and state the exact information requested and the information obtained from any such source. ANSWER: 9 List all payments by Defendant to, or on behalf of, Plaintiffs, stating the amount of payment, the date of payment, the exact coverage for which payment was made, and for persons or entities other than Plaintiffs, the name and address of the person or entity to whom payment was made. ANSWER: 10. Describe all facts and circumstances that the Defendant relied on when making the coverage determination in claim number 01000066439, which is the subject of this litigation. ANSWER: 11. State the facts and circumstances Defendant relies upon for each affirmative defense set forth in the Answers and Affirmative Defenses filed in this matter, or any other defenses raised in the response to the Plaintiffs’ Complaint. ANSWER: 12. Is it contended that anything other than a covered peril under the subject homeowners’ policy is, or may be, the cause, in whole or in part, of damage to the insured premises, for which the claim has been asserted in this lawsuit? If so, please state the legal basis for the contention, the facts or evidence upon which the contention is based, and whether or not the Plaintiffs were previously notified of the contention, and when and how such notice was affected. ANSWER: 13. List any codes, regulations, standards, treatises, manuals, journals, authoritative texts, statutes, rules, and or/generally accepted theories that were referenced or relied upon when determining the cause and/or origin of any and all damage submitted with claim number 01000066439. ANSWER: 14. State the factual and legal basis for any contention that the Plaintiffs have not satisfied Policy conditions or duties including the term or condition of the Policy not complied with, how the Plaintiffs failed to comply with the term or condition, when a request was made by you demanding compliance with the term or condition, and why compliance with the term or condition was necessary for you to adjust the loss or determine coverage. ANSWER: 15. State the factual and legal basis for any contention that the Plaintiffs have failed to mitigate damages. ANSWER: 16. State the factual and legal basis for any contention that the Plaintiffs have failed to cooperate with the investigation or adjustment of the Claim. ANSWER: 17. State whether the property was inspected or whether any written or oral authorization for repairs were made within seven (7) days after the first notice of loss, describing any such actions taken in detail. ANSWER: JURAT PAGE INSURANCE COMPANY REPRESENTATIVE REPRESENTATIVE’S NAME (PRINTED) STATE OF: COUNTY OF: The foregoing instrument was acknowledged before me this day of . 2023, before me by 0 physical presence or O online notarization by who is personally known to me, or who has produced as identification and 0 who did or O did not take an oath, and who says that he/she executed the foregoing Answers to Interrogatories and that the Answers are true and correct to the best of his/her knowledge and belief. (seal) Notary Public Signature Printed Name Filing # 175927915 E-Filed 06/22/2023 03:02:43 PM IN THE CIRCUIT COURT, OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23002380CA PATRICIA SANKUS and RONALD SANKUS, Plaintiffs, vs. FIRST PROTECTIVE INSURANCE COMPANY, Defendant. / NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS Please be advised that, Jacob D. Piasecki Esq. hereby files this Notice of Appearance as attorney of record for the Plaintiffs, PATRICIA SANKUS and RONALD SANKUS, and files the Designation of Primary and Secondary Email Address pursuant to Rule 2.516(b)(1)(A). Plaintiffs designate the following e-mail address for electronic service of all pleadings in the above-styled cause as follow: Primary Email Address: jake.piasecki@woolseymorcom.com Secondary Email Addresses: kristina@woolseymorcom.com leticia@woolseymorcom.com [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] CERTIFICATE OF SERVICE | HEREBY CERTIFY that on the 224 day of June 2023, a true and correct copy of the foregoing has been provided to the Defendant via the Chief Financial Officer as RA, Service of Process Section, 200 East Gains Str