On November 07, 2023 a
Party Discovery
was filed
involving a dispute between
Nicholson, Brian M,
and
Tower Hill Insurance Exchange,
for INSURANCE CLAIM SOUTH COUNTY
in the District Court of Sarasota County.
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Filing # 185645663 E-Filed 11/07/2023 02:06:27 PM
IN THE CIRCUIT COURT OF THE 12th
JUDICIAL CIRCUIT IN AND FOR
SARASOTA COUNTY, FLORIDA
BRIAN M. NICHOLSON, CASE NO.:
Plaintiff,
v.
TOWER HILL INSURANCE EXCHANGE
(F/K/A TOWER HILL SIGNATURE
INSURANCE COMPANY),
Defendant.
______________________________________/
PLAINTIFF’S NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM OF
DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE PURSUANT TO
RULE 1.310(b)(6)
PLEASE TAKE NOTICE that Plaintiff, BRIAN M. NICHOLSON, through the
undersigned counsel will take the deposition, by oral examination of the following person
pursuant to Fla.R.Civ.P. 1.310(b)(6) as indicated below or at such other location, time, and date
as is mutually agreed upon by counsel or ordered by the Court, before an associate or deputy
court reporter who is not of counsel to the parties or interested in the events of this cause.
NAME DATE/TIME PLACE
Corporate representative designated by To be provided by KANNER &
the Defendant to testify as to the topics Defendant within 30 PINTALUGA, P.A.
listed in Schedule A of this notice. The days of receipt of the 925 S. Federal Highway,
persons so designated must testify about summons. If no date is Sixth Floor
matters known or reasonably available provided a date and Boca Raton, FL 33432
to the Defendant. Fla. R. Civ. P. time (EST) will be
1.310(b)(6). selected by the
Plaintiff.
The deponent is directed to produce for inspection and/or copying the documents listed in
schedule B of this notice 10 days prior to the scheduled deposition. This is in an effort to
expedite the deposition in order to allow Plaintiff to review the documents prior to the
Page 1 of 6
Filed 11/07/2023 02:13 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
deposition. If the documents are not provided prior to the deposition the Defendant is put on
notice that Plaintiff will reserve the necessary time prior to the deposition in order to review the
documents. Plaintiff will reimburse deponent for all reasonable costs associated with producing
the requested documents as allowed by the Florida Rules of Civil Procedure. If any documents
are being claimed as privileged, Defendant must file a privilege log prior to the deposition with
enough time for the Court to rule upon said objections prior to the deposition.
The deposition is being taken for the purpose of discovery, use at trial and/or for such
other purposes as permitted under the Florida Rules of Civil Procedure.
The deposition will be videotaped and the name and address of the operator will be
provided after Defendant provides the date and location of the deposition as referenced above.
**Any documents that the witness reviews, relies upon, testifies and/or brings to the
deposition will have to be produced at the deposition. By reviewing, relying upon, testifying
and/or bringing these documents will constitute a waiver of any privilege asserted.**
[Certificate of Service on Following Page]
Page 2 of 6
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been served on Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiff
925 S. Federal Highway, Sixth Floor
Boca Raton, FL 33432
Phone: (561) 424-0032
Fax: (866) 641-4690
Court Phone Number: (1-888) 824-7834
Email: lpimentel@kpattorney.com
alsilva@kpattorney.com
FirstPartyEService@kpattorney.com
By: _/s/ Luis Pimentel ___
LUIS PIMENTEL, ESQ.
Florida Bar No.: 1020255
Page 3 of 6
SCHEDULE “A”
1. The Corporate Representative who can identify by full name and company title all
persons who participated in the handling of Plaintiff’s insurance claim that is the subject of this
action.
2. The Corporate Representative who can testify as to the complete investigation of
Plaintiff’s insurance claim that is the subject of this action.
3. The Corporate Representative who can testify as to any payments that were made
to the Plaintiff and/or on their behalf in reference to the insurance claim that is the subject of this
action.
4. The Corporate Representative who can testify as to the valuation of the insurance
claim that is the subject of this action.
5. The Corporate Representative who can testify as to the affirmative defenses
asserted by Defendant in this action.
6. The Corporate Representative who can testify as to Defendant’s responses to
written discovery in this action.
7. The Corporate Representative who can testify as to the insurance policy that is the
subject of this action.
8. The Corporate Representative who can testify as to the date the Defendant
anticipated litigation as to the insurance claim that is the subject of this claim.
9. The credentials of any individual who inspected the Plaintiff’s property in
reference to the insurance claim that is the subject of this claim.
10. The credentials of any individual who Defendant retained to make repairs at the
Plaintiff’s property for the subject claim.
Page 4 of 6
11. If the Defendant is relying upon a wear tear, faulty repairs/installation and/or pre-
existing defenses the corporate representative to testify as to the condition of the insured property
at the time the Defendant first began to insure the property.
SCHEDULE “B”
1. All documents the deponent reviewed in preparation of this deposition.
2. All documents the deponent will rely upon in responding to the topics listed in
Schedule “A” during the deposition.
3. The privilege log for any documents Defendant is claiming a privilege as to for
the deposition.
4. The entire claim file for the subject insurance claim that is the subject of this
action.
5. Any documents associated with the calculation of Plaintiff’s insurance claim that
is the subject of this action.
6. The credentials of any person who inspected and/or handled the insurance claim
that is the subject of this claim.
7. The credentials of any person who Defendant retained to make repairs at the
subject property for the subject claim.
8. Any reports prepared for the insurance claim that is the subject of this action.
9. Any invoices for services performed in reference to the insurance claim that is the
subject of this action.
10. Any documents reflecting payments of any amounts in reference to the insurance
that is the subject of this action.
Page 5 of 6
11. Any documents as to the directives and/or parameters for any inspections
conducted on behalf of the Defendant for Plaintiff’s insurance claim that is the subject of this
action.
12. Any communications (including emails and/or text messages) that are anyway
associated with Plaintiff’s insurance claim that is the subject of this action.
13. The insurance policy that is the subject of this action.
14. The underwriting file for the insurance policy that is the subject of this action.
15. Any documents that Defendant is relying upon in defense to this action.
16. If Defendant is relying upon a wear tear, faulty repairs/installation and/or pre-
existing defenses any documents evidencing and/or showing the condition of the insured
property at the time the Defendant first began to insure the property.
17. The most recent resume or curriculum vitae (CV) of the Corporate
Representative.
Page 6 of 6
Document Filed Date
November 07, 2023
Case Filing Date
November 07, 2023
Category
INSURANCE CLAIM SOUTH COUNTY
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Filing # 185645663 E-Filed 11/07/2023 02:06:27 PM IN THE CIRCUIT COURT OF THE 12th JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA BRIAN M. NICHOLSON, CASE NO.: Plaintiff, v. TOWER HILL INSURANCE EXCHANGE (F/K/A TOWER HILL SIGNATURE INSURANCE COMPANY), Defendant. ______________________________________/ PLAINTIFF’S NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM OF DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE PURSUANT TO RULE 1.310(b)(6) PLEASE TAKE NOTICE that Plaintiff, BRIAN M. NICHOLSON, through the undersigned counsel will take the deposition, by oral examination of the following person pursuant to Fla.R.Civ.P. 1.310(b)(6) as indicated below or at such other location, time, and date as is mutually agreed upon by counsel or ordered by the Court, before an associate or deputy court reporter who is not of counsel to the parties or interested in the events of this cause. NAME DATE/TIME PLACE Corporate representative designated by To be provided by KANNER & the Defendant to testify as to the topics Defendant within 30 PINTALUGA, P.A. listed in Schedule A of this notice. The days of receipt of the 925 S. Federal Highway, persons so designated must testify about summons. If no date is Sixth Floor matters known or reasonably available provided a date and Boca Raton, FL 33432 to the Defendant. Fla. R. Civ. P. time (EST) will be 1.310(b)(6). selected by the Plaintiff. The deponent is directed to produce for inspection and/or copying the documents listed in schedule B of this notice 10 days prior to the scheduled deposition. This is in an effort to expedite the deposition in order to allow Plaintiff to review the documents prior to the Page 1 of 6 Filed 11/07/2023 02:13 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL deposition. If the documents are not provided prior to the deposition the Defendant is put on notice that Plaintiff will reserve the necessary time prior to the deposition in order to review the documents. Plaintiff will reimburse deponent for all reasonable costs associated with producing the requested documents as allowed by the Florida Rules of Civil Procedure. If any documents are being claimed as privileged, Defendant must file a privilege log prior to the deposition with enough time for the Court to rule upon said objections prior to the deposition. The deposition is being taken for the purpose of discovery, use at trial and/or for such other purposes as permitted under the Florida Rules of Civil Procedure. The deposition will be videotaped and the name and address of the operator will be provided after Defendant provides the date and location of the deposition as referenced above. **Any documents that the witness reviews, relies upon, testifies and/or brings to the deposition will have to be produced at the deposition. By reviewing, relying upon, testifying and/or bringing these documents will constitute a waiver of any privilege asserted.** [Certificate of Service on Following Page] Page 2 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served on Defendant. KANNER & PINTALUGA, P.A. Attorneys for Plaintiff 925 S. Federal Highway, Sixth Floor Boca Raton, FL 33432 Phone: (561) 424-0032 Fax: (866) 641-4690 Court Phone Number: (1-888) 824-7834 Email: lpimentel@kpattorney.com alsilva@kpattorney.com FirstPartyEService@kpattorney.com By: _/s/ Luis Pimentel ___ LUIS PIMENTEL, ESQ. Florida Bar No.: 1020255 Page 3 of 6 SCHEDULE “A” 1. The Corporate Representative who can identify by full name and company title all persons who participated in the handling of Plaintiff’s insurance claim that is the subject of this action. 2. The Corporate Representative who can testify as to the complete investigation of Plaintiff’s insurance claim that is the subject of this action. 3. The Corporate Representative who can testify as to any payments that were made to the Plaintiff and/or on their behalf in reference to the insurance claim that is the subject of this action. 4. The Corporate Representative who can testify as to the valuation of the insurance claim that is the subject of this action. 5. The Corporate Representative who can testify as to the affirmative defenses asserted by Defendant in this action. 6. The Corporate Representative who can testify as to Defendant’s responses to written discovery in this action. 7. The Corporate Representative who can testify as to the insurance policy that is the subject of this action. 8. The Corporate Representative who can testify as to the date the Defendant anticipated litigation as to the insurance claim that is the subject of this claim. 9. The credentials of any individual who inspected the Plaintiff’s property in reference to the insurance claim that is the subject of this claim. 10. The credentials of any individual who Defendant retained to make repairs at the Plaintiff’s property for the subject claim. Page 4 of 6 11. If the Defendant is relying upon a wear tear, faulty repairs/installation and/or pre- existing defenses the corporate representative to testify as to the condition of the insured property at the time the Defendant first began to insure the property. SCHEDULE “B” 1. All documents the deponent reviewed in preparation of this deposition. 2. All documents the deponent will rely upon in responding to the topics listed in Schedule “A” during the deposition. 3. The privilege log for any documents Defendant is claiming a privilege as to for the deposition. 4. The entire claim file for the subject insurance claim that is the subject of this action. 5. Any documents associated with the calculation of Plaintiff’s insurance claim that is the subject of this action. 6. The credentials of any person who inspected and/or handled the insurance claim that is the subject of this claim. 7. The credentials of any person who Defendant retained to make repairs at the subject property for the subject claim. 8. Any reports prepared for the insurance claim that is the subject of this action. 9. Any invoices for services performed in reference to the insurance claim that is the subject of this action. 10. Any documents reflecting payments of any amounts in reference to the insurance that is the subject of this action. Page 5 of 6 11. Any documents as to the directives and/or parameters for any inspections conducted on behalf of the Defendant for Plaintiff’s insurance claim that is the subject of this action. 12. Any communications (including emails and/or text messages) that are anyway associated with Plaintiff’s insurance claim that is the subject of this action. 13. The insurance policy that is the subject of this action. 14. The underwriting file for the insurance policy that is the subject of this action. 15. Any documents that Defendant is relying upon in defense to this action. 16. If Defendant is relying upon a wear tear, faulty repairs/installation and/or pre- existing defenses any documents evidencing and/or showing the condition of the insured property at the time the Defendant first began to insure the property. 17. The most recent resume or curriculum vitae (CV) of the Corporate Representative. Page 6 of 6