Filing # 163470142 E-Filed 12/21/2022 11:53:33 AM

IN THE CIRCUIT COURT OF THE 9TH

JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO.:
JAMES TURNER,

Plaintiff,
vs.

NATIONAL FIRE &

MARINE INSURANCE COMPANY,

Defendant.
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PLAINTIFF’S NOTICE OF SERVING INITIAL INTERROGATORIES

TO DEFENDANT
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COMES NOW, the Plaintiff, JAMES TURNER, by and through his undersigned counsel,
pursuant to Rule 1.340 of the Florida Rules of Civil Procedure; serve the attached interrogatories
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to the Defendant, NATIONAL FIRE & MARINE INSURANCE COMPANY, to be answered,
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under oath, within 45 days.

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I HEREBY CERTIFY that a true and correct copy of the foregoing was served along
with Summons and Complaint to NATIONAL FIRE & MARINE INSURANCE COMPANY.
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Respectfully Submitted.
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M.S.P.G. LAW GROUP, PA

Attorney for the Plaintiff
770 Ponce de Leon Blvd., Suite 101
Coral Gables, FL 33134
Telephone: 305-444-1887
Facsimile: 305-666-8427

By: _/s/ Leo A. Manzanilla_________

LEO A. MANZANILLA, ESQ.
FLA BAR NO.: 0652921
For Service Document Only:
[email protected]

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 INSTRUCTIONS

1) You are instructed either to produce documents as they are kept in the ordinary course of
business or to produce documents organized and labeled to correspond with the
categories. In addition, documents are to be produced in full and unexpurgated form.
2) This request shall be deemed continuing so as to require further and supplemental
production in the event that the party requested to produce, or any of his or her attorneys,
agents or representatives, obtains or discovers additional information or documents
between the time of the initial production and the time of hearing or trial.
3) If any document covered is withheld by reason of a claim of privilege, work product
immunity or other ground of non-production, a list is to be furnished at the time that
documents are produced identifying each such document not produced specifically by its
nature (e.g., letter, memorandum, etc.) together with the following information with
respect to any such document withheld: Author(s); recipient(s); sender(s); indicated or
blind copies; date; subject matter; basis for non-production; number of pages; and the
paragraph(s) to which such document relates.
4) If portion of an otherwise responsive document contains information that is subject to a
claim of privilege, only those portions of the document subject to the claim of privilege
shall be deleted or redacted from the document and the rest of the document shall be
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produced.
5) In the event that any document called for has been destroyed, lost, discarded or otherwise
disposed of, each document is to be identified as completely as possible, including,
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without limitation, the following information: Author(s); recipient(s); sender(s); subject
matter; date prepared or received; date of disposal; person(s) currently in possession of the
document; and person disposing of the document.
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6) All objections to any category of documents to be produced pursuant to this request or to

any definition or instruction it contains shall be in writing and delivered to plaintiff’s
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counsel at or before the time of production.

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 DEFINITIONS

1) The term “communication” shall mean any transmission of information by any means,
including, without limitation, by spoken language, electronic transmission of data or any
other means. The term “communication” shall include, without limitation, any copies of
written information received by the person or entity responding to this request, even if such
person or entity is not the primary or direct addressee of such written information.
2) The term “document” or “documents” is used in its broadest sense and includes, without
limitation, drafts, documents whether printed, recorded, stored or reproduced by any
mechanical or electronic process, or written or produced by hand, and including computer
tapes (including backup tapes) and all other computer-related documents, within your
possession, custody or control. “Documents” shall also include (1) each copy that is not
identical to the original or to any other copy, and (2) any tangible thing that is called for by
or identified in response to any request. “Document” as used herein shall be construed
broadly to include all documents and things within the scope of the Florida Rules of Civil
Procedure and refers to all writings or other graphic matter, as well as any other medium by
which information is stored or recorded. It includes originals, drafts, copies and
reproductions; and it includes, without limiting the generality of the forgoing, letters;
memoranda; reports and/or summaries of investigations; police reports; accident reports;
opinions or reports of consultants; diagrams; marginal comments appearing on any
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documents; accounts; telegrams; studies; lists of persons attending meetings or conferences;
records of memoranda of telephone conversations; specifications; drawings; advertisements;
circulars; trade letters; press releases; prints; recordings; positive or negative films, slides or
photographs; magnetic, electronic or video tapes; computer tapes, cards or printouts, and all
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other things of like nature; and any and all containers, boxes or other receptacles or
repositories housing or containing such “documents.”
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3) “Person” means a natural person, firm, association, partnership, corporation, or other firm of
legal or business entity, public or private.
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4) The term “referring” or “relating” shall mean showing, disclosing, averting to, comprising,
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evidencing, constituting or reviewing.
5) The term “representative” as used herein with regard to a person or entity means and
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includes each and every present and former director, officer, partner, employee, agent,
independent consultant or expert or other person (including attorneys) acting or purporting
to act on behalf of the person or entity.
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6) “Subject damages” means any property loss or damage for which the plaintiff contends that
the defendant must pay under the terms and conditions of the subject insurance contract with
the parties.
7) The singular includes the plural and vice versa; the words “and” and “or” shall be both
conjunctive; the word “all” means “any and all”; the word “any” means “any and all”; the
word “including” means “including, without limitation.”
8) All other words have their plain and ordinary meaning.

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 PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

1. Please identify yourself fully by stating your full name, employment address and position that
you hold with the Defendant.

2. Please state the date that Defendant first received any notice from Plaintiff concerning a claim
for benefits under the policy for property damages as described in the complaint for damages
in the lawsuit.

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3. Describe in as much detail as possible each and every factual reason why the Defendant
denied coverage for Plaintiff’s claim as described in the complaint for damages.
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4. State the location including page(s), line(s) and paragraph number(s) and the exact language
contained in the policy of insurance upon which the Defendant has based its decision to deny
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coverage for the claim described in the complaint.

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5. Identify each document sent from Defendant to the Plaintiff in reference to the subject loss
involved herein, including the date sent, and the name of the individual who sent said
communication.

6. Identify each person who on behalf of Defendant inspected the property described in the
complaint in reference to the claim described in the complaint including his or her field of
expertise and the date of each inspection.

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7. Identify each written estimate of repair or replacement including the amount set forth in each
said estimate, which has been provided to Defendant by Plaintiff in reference to the claim
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described in the Complaint.
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8. Identify all persons (other than Defendant) believed or known by you, your agents or attorneys
to have any knowledge concerning any of the issues raised by the pleadings, specifying the
subject matter about which the witnesses have knowledge and state whether you have
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obtained any statements (oral, written and/or recorded) from any said witnesses, list the dates
any such witness statements were taken, by whom such witness statements were taken and
who has present possession, custody and control of any such statements.

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9. Did the Defendant request Plaintiff to perform any post loss duties for the subject claim,
including but not limited to submit an examination under oath, submission of a sworn
statement in proof of loss, to permit inspection, etc?

10. If your answer to the preceding interrogatory was “YES”, please state for each request:
a) the exact request made

b) the date of the request

c) whether the request was written or oral

d) what did Plaintiff do in response to said request.

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11. With reference of each of your affirmative defenses raised in the lawsuit, please describe each
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and every fact upon which you rely to substantiate such affirmative defense, including
identification of all witnesses to each such fact
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12. Please state and/or explain any provision, exclusion, or condition of the policy of insurance
issued by the Defendant that would not provide coverage for the loss reported by the Plaintiff.

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13. Please identify all persons you intend to call as witnesses or for any evidentiary haring of this
matter and provide a brief summary of the witnesses expected to testify, including the topics
on which witness is expected to testify.

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STATE OF FLORIDA )
) S.S.:
COUNTY OF ______________ )

BEFORE ME, the undersigned officer, authorized by law to administer oaths and

take acknowledgments, personally appeared ,who is

___personally known to me or ____produced sufficient identification of

____________________(type of identification) and after being by me duly sworn, deposes

and says that the answers to the above and foregoing Plaintiff’s First Set of Interrogatories to

Defendant (Numbered 1 – 12) are true and correct to the best of his/her knowledge and

belief.
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Affiant
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SWORN TO AND SUBSCRIBED before me this day of
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_________________, 2022.
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_____________________________
NOTARY PUBLIC, State of Florida
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_____________________________
Print, Type or Stamp Commissioned Name of Notary