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Filing # 147191974 E-Filed 04/06/2022 04:02:41 PM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO.: 21001194CA
NICHOLAS AND CARISSA
PAINTER,
Plaintiffs,
vs.
UNITED PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
DEFENDANT'S FIRST REQUEST TO PRODUCE TO PLAINTIFF
COMES NOW, Defendant, UNITED PROPERTY AND CASUALTY INSURANCE
COMPANY, by and through undersigned counsel and pursuant to Rule 1.350 Florida
Rules of Civil Procedure, and requests that Plaintiffs, NICHOLAS AND CARISSA
PAINTER, produce the following documents to the undersigned counsel within thirty
(30) days of service hereof for examination, inspection and copying and as grounds
therefor says that the materials are in the custody or control of that party and are relevant
and material to the issues in this cause.
1 Copies of each and every bill, receipt, invoice, statement or estimate for repair
or replacement of the Plaintiffs property alleged to have been damaged as a result of the
incident alleged in the Complaint.
2 All correspondence, emails, documents, or information from the purchase of
the property including deeds, closing documents, pre-purchase inspections, and home
purchase report.
3 Copies of each and every bill, receipt, invoice, statement or estimate for repair
or replacement received by the Plaintiffs prior to the date of the subject incident alleged
in the Complaint regarding any of the same portions of the property alleged to have been
damaged in the Complaint.
4 All correspondence, emails, documents, memoranda or information
provided to the Defendant from the Plaintiffs, the Plaintiffs agents and representatives,
including public adjusters and loss consultants concerning any damage to the Plaintiffs’
property. This request includes any and all claim forms, including proof of loss forms,
notice of loss reports, authorization forms, and any other claim forms with regard to any
property damage of the Plaintiff.
5. All correspondence, emails, documents, memoranda or information
transmitted to the Plaintiffs, Plaintiffs agents, and/or Plaintiffs representatives, in any
form whatsoever by the Defendant and the Defendant's agents and representatives,
including but not limited to any and all written communications from the Defendant to
the Plaintiffs and/or Plaintiffs-agents and representatives that asks for specific records
or information for purposes of investigating and adjusting the claim, that requests the
Plaintiffs to submit to an examination under oath, that requests a sworn proof of loss, or
that responds to a demand for appraisal.
6. All correspondence, forms, notations, memoranda or other information
wherein you transmitted any information about the Defendant to any third party.
7 Copies of any and all documents obtained from any lien-holder or mortgage
company relating to the insured location.
8. Copies of any and all checks issued to Plaintiffs, Plaintiffsagent and/or
representatives on behalf of the Plaintiffs representing insurance proceeds for the loss or
losses alleged in the Complaint.
9 Any and all documents evidencing property damage to the insured location
on the day of the loss and after the date of loss specified in the Complaint, including but
not limited to any photographs, inspection reports, work orders, and any estimates,
invoices, or receipts for repair or replacement of the property.
10. Any and all documents evidencing property damage to the insured location
prior to the date of loss specified in the Complaint, including but not limited to any
photographs, inspection reports, work orders, and any estimates, invoices, or receipts for
repair or replacement of the property.
11. Any and all documents evidencing property damage claims for the insured
location made prior to the subject date of loss, including but not limited to photographs,
inspection reports, repair estimates, work orders, coverage reports, explanations of
benefits, releases, settlement agreements, recorded statements, and correspondence from
and to the Plaintiffs.
12. Any and all documents that you are relying upon in seeking coverage for this
claim.
13. Any and all photographs showing the extent of claimed damage to the
insured premises involved herein as a result of the incident alleged in the Complaint.
14. All documents received by you from any adjusters, field adjusters,
independent adjusters, public adjusters, contractors and/or appraisers that inspected or
reviewed any damage which is the subject of the action herein.
15. All engineer and expert reports that you rely upon in your claim for coverage
as a result of the incident alleged in the Complaint.
16. All documents provided by you to any adjusters, field adjusters, independent
adjusters, public adjusters, contractors, and/or appraisers that inspected or reviewed any
damage which is the subject of the action herein.
17. Any material or property that you or your representatives removed from the
insured property that is the subject of this claim.
18. Copies of any and all documents reflecting any prior claim made by the
Plaintiffs or made by another to recover for property damage at the insured location,
including but not limited to inspection reports, photographs, repair estimates, work
orders, correspondence, and copies of payments made.
19. Copies of any and all invoices and/or receipts for repairs made to the subject
property from the date of the subject incident alleged in the Complaint through the
present.
20. Copies of any and all invoices, bills, estimates or receipts for repairs or
replacements made to the subject property for property damages related to any and all
claims of property damage which claims were submitted by the Plaintiffs to the
Defendant prior to the claim which is the subject of the Complaint.
21. Copies of any and all checks, bank statements, and/or proof of payment
issued by Plaintiffs and made payable to any party who performed repairs to the subject
property for property damages related to the subject claim.
22. Copies of any and all bills, estimates, statements or receipts relating to any
expenses claimed as damages in this lawsuit.
23. Any and all photographs, videotape, diagrams or sketches of the scene of the
incident described in the Complaint.
24. Any and all photographs, blow-ups, recordings, charts, graphs, sketches, and
any other tangible items or documentary evidence which you intend to use during the
trial of this cause and which have not been produced in response to any of the preceding
paragraphs.
25. All statements, including, but not limited to, recorded telephone interviews,
tapes, written statements, signed or unsigned, of Defendant(s) or any of their agents,
servants, or employees relative to the subject incident and any other issue which involves
the instant litigation.
26. All documents, papers, or evidence to be introduced at trial.
27. All expert reports from any experts who will testify at trial.
28. Any documents reflecting the first notice of loss provided to Defendant by
Plaintiffs or Plaintiffs| agents or attorneys.
29. Any and all documents containing the substance of, or any portion of,
statements or remarks made by witnesses with regard to the claim presented by the
Plaintiffs, including but not limited to audio recordings, video recordings, transcripts,
examinations under oath, written statements, affidavits, and/or notes, memoranda, or
reports of oral statements.
30. All documents, including bills, invoices, statements or estimates of repairs
made within the last five (5) years to your property.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 6, 2022, the foregoing was electronically filed
through the Florida Courts E-Filing Portal which will send a notice of electronic filing to
all counsel of record, including: Anthony M. Dennis, Esq., Kanner & Pintaluga, P.A., 2020
Ponce De Leon, PH2, Coral Gables, Florida 33134, adennis@kpattorney.com,
jherrera@kpattorney.com, and FirstPartyEService@kpattorney.com.
/s/ C. DeWitt Revels, III
C. DEWITT REVELS, III, ESQ.
Florida Bar No. 0073573
REYHANA A. KHAN, ESQ.
Florida Bar No. 1019560
Walker, Revels, Greninger PLLC
189 S. Orange Ave., Suite 1600
Orlando, Florida 32801
Tel: 407-789-1830 Fax: 321-251-2236
DRevels@wrg.law
RKhan@wrg.law
CDR-service@wrg.law
RAK-service@wrg.law
Attorneys for Defendant
Preview
Filing # 147191974 E-Filed 04/06/2022 04:02:41 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 21001194CA NICHOLAS AND CARISSA PAINTER, Plaintiffs, vs. UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. DEFENDANT'S FIRST REQUEST TO PRODUCE TO PLAINTIFF COMES NOW, Defendant, UNITED PROPERTY AND CASUALTY INSURANCE COMPANY, by and through undersigned counsel and pursuant to Rule 1.350 Florida Rules of Civil Procedure, and requests that Plaintiffs, NICHOLAS AND CARISSA PAINTER, produce the following documents to the undersigned counsel within thirty (30) days of service hereof for examination, inspection and copying and as grounds therefor says that the materials are in the custody or control of that party and are relevant and material to the issues in this cause. 1 Copies of each and every bill, receipt, invoice, statement or estimate for repair or replacement of the Plaintiffs property alleged to have been damaged as a result of the incident alleged in the Complaint. 2 All correspondence, emails, documents, or information from the purchase of the property including deeds, closing documents, pre-purchase inspections, and home purchase report. 3 Copies of each and every bill, receipt, invoice, statement or estimate for repair or replacement received by the Plaintiffs prior to the date of the subject incident alleged in the Complaint regarding any of the same portions of the property alleged to have been damaged in the Complaint. 4 All correspondence, emails, documents, memoranda or information provided to the Defendant from the Plaintiffs, the Plaintiffs agents and representatives, including public adjusters and loss consultants concerning any damage to the Plaintiffs’ property. This request includes any and all claim forms, including proof of loss forms, notice of loss reports, authorization forms, and any other claim forms with regard to any property damage of the Plaintiff. 5. All correspondence, emails, documents, memoranda or information transmitted to the Plaintiffs, Plaintiffs agents, and/or Plaintiffs representatives, in any form whatsoever by the Defendant and the Defendant's agents and representatives, including but not limited to any and all written communications from the Defendant to the Plaintiffs and/or Plaintiffs-agents and representatives that asks for specific records or information for purposes of investigating and adjusting the claim, that requests the Plaintiffs to submit to an examination under oath, that requests a sworn proof of loss, or that responds to a demand for appraisal. 6. All correspondence, forms, notations, memoranda or other information wherein you transmitted any information about the Defendant to any third party. 7 Copies of any and all documents obtained from any lien-holder or mortgage company relating to the insured location. 8. Copies of any and all checks issued to Plaintiffs, Plaintiffsagent and/or representatives on behalf of the Plaintiffs representing insurance proceeds for the loss or losses alleged in the Complaint. 9 Any and all documents evidencing property damage to the insured location on the day of the loss and after the date of loss specified in the Complaint, including but not limited to any photographs, inspection reports, work orders, and any estimates, invoices, or receipts for repair or replacement of the property. 10. Any and all documents evidencing property damage to the insured location prior to the date of loss specified in the Complaint, including but not limited to any photographs, inspection reports, work orders, and any estimates, invoices, or receipts for repair or replacement of the property. 11. Any and all documents evidencing property damage claims for the insured location made prior to the subject date of loss, including but not limited to photographs, inspection reports, repair estimates, work orders, coverage reports, explanations of benefits, releases, settlement agreements, recorded statements, and correspondence from and to the Plaintiffs. 12. Any and all documents that you are relying upon in seeking coverage for this claim. 13. Any and all photographs showing the extent of claimed damage to the insured premises involved herein as a result of the incident alleged in the Complaint. 14. All documents received by you from any adjusters, field adjusters, independent adjusters, public adjusters, contractors and/or appraisers that inspected or reviewed any damage which is the subject of the action herein. 15. All engineer and expert reports that you rely upon in your claim for coverage as a result of the incident alleged in the Complaint. 16. All documents provided by you to any adjusters, field adjusters, independent adjusters, public adjusters, contractors, and/or appraisers that inspected or reviewed any damage which is the subject of the action herein. 17. Any material or property that you or your representatives removed from the insured property that is the subject of this claim. 18. Copies of any and all documents reflecting any prior claim made by the Plaintiffs or made by another to recover for property damage at the insured location, including but not limited to inspection reports, photographs, repair estimates, work orders, correspondence, and copies of payments made. 19. Copies of any and all invoices and/or receipts for repairs made to the subject property from the date of the subject incident alleged in the Complaint through the present. 20. Copies of any and all invoices, bills, estimates or receipts for repairs or replacements made to the subject property for property damages related to any and all claims of property damage which claims were submitted by the Plaintiffs to the Defendant prior to the claim which is the subject of the Complaint. 21. Copies of any and all checks, bank statements, and/or proof of payment issued by Plaintiffs and made payable to any party who performed repairs to the subject property for property damages related to the subject claim. 22. Copies of any and all bills, estimates, statements or receipts relating to any expenses claimed as damages in this lawsuit. 23. Any and all photographs, videotape, diagrams or sketches of the scene of the incident described in the Complaint. 24. Any and all photographs, blow-ups, recordings, charts, graphs, sketches, and any other tangible items or documentary evidence which you intend to use during the trial of this cause and which have not been produced in response to any of the preceding paragraphs. 25. All statements, including, but not limited to, recorded telephone interviews, tapes, written statements, signed or unsigned, of Defendant(s) or any of their agents, servants, or employees relative to the subject incident and any other issue which involves the instant litigation. 26. All documents, papers, or evidence to be introduced at trial. 27. All expert reports from any experts who will testify at trial. 28. Any documents reflecting the first notice of loss provided to Defendant by Plaintiffs or Plaintiffs| agents or attorneys. 29. Any and all documents containing the substance of, or any portion of, statements or remarks made by witnesses with regard to the claim presented by the Plaintiffs, including but not limited to audio recordings, video recordings, transcripts, examinations under oath, written statements, affidavits, and/or notes, memoranda, or reports of oral statements. 30. All documents, including bills, invoices, statements or estimates of repairs made within the last five (5) years to your property. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on April 6, 2022, the foregoing was electronically filed through the Florida Courts E-Filing Portal which will send a notice of electronic filing to all counsel of record, including: Anthony M. Dennis, Esq., Kanner & Pintaluga, P.A., 2020 Ponce De Leon, PH2, Coral Gables, Florida 33134, adennis@kpattorney.com, jherrera@kpattorney.com, and FirstPartyEService@kpattorney.com. /s/ C. DeWitt Revels, III C. DEWITT REVELS, III, ESQ. Florida Bar No. 0073573 REYHANA A. KHAN, ESQ. Florida Bar No. 1019560 Walker, Revels, Greninger PLLC 189 S. Orange Ave., Suite 1600 Orlando, Florida 32801 Tel: 407-789-1830 Fax: 321-251-2236 DRevels@wrg.law RKhan@wrg.law CDR-service@wrg.law RAK-service@wrg.law Attorneys for Defendant