Filing # 194525537 E-Filed 03/21/2024 12:19:05 PM
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`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT
`IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
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` CASE NO.: 2024-001122-CA-01
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`RAYKO ECHEVARRIA,
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`Plaintiff,
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`vs.
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`CITIZENS PROPERTY INSURANCE
`CORPORATION,
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`Defendant.
`____________________________________/
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`DEFENDANT’S PRIVILEGE LOG, OBJECTIONS TO DISCOVERY,
`AND MOTION FOR A PROTECTIVE ORDER
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`COMES NOW, Defendant Citizens Property Insurance Corporation by and through its
`undersigned attorneys and hereby files its Privilege Log, Objections to Discovery, and Motion for a
`Protective Order and states as follows:
`The Defendant objects to producing the following documents, as indicated below, as they are
`protected from disclosure pursuant to the work product privilege, attorney-client privilege and is proprietary
`in nature:
`1. Claim files, manuals, guidelines and documents concerning its claim handling procedures.
`2. Entries on the Defendant Claims Tracking System and Ilog that contain summaries of the
`privileged documents in addition to reports and mental impressions of the claim specialists and
`field adjusters as well as instruction to and from legal counsel, claim handling and adjustment
`notes, as well as estimates, notes on coverage, and reserves.
`3. Photo sheet containing photos taken by the field adjuster, which depict the Plaintiff’s residence
`and contains the field adjuster’s comments and mental impressions of what is shown in the
`photos.
`4. Estimate Audit Trails, Audit Summary Reports, Ownership, Audit Price List Variation Usage
`Reports, and all other estimates not previously produced to Plaintiff, if any.
`5. Reports and/or documents from experts and/or consultants made in anticipation of trial and not
`yet expected to testify.
`6. Internal e-mails and correspondence.
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`Page 1 of 3
`ISRIEL PONZOLI, P.A. | 2121 S.W. 3RD AVE., 7TH FLOOR, MIAMI, FLORIDA 33129
`TEL: 305.577.4800 | FACSILMILE: 305.577.4808 | WWW.ISRIELPONZOLI.COM
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`MEMORANDUM OF LAW
`In Homeowners Choice Prop. & Cas. Ins. Co., Inc. v. Avila, 248 So. 3d 180 (Fla. 3d DCA 2018)
`the 3rd DCA held that reserves placed on the claim and internal emails and correspondence are not
`discoverable in a straightforward first-party or third-party claim for damages based upon the policy because
`these materials are confidential and proprietary.
`See also Scottsdale Ins. Co. v. Camara De Comercio Latino–Americana De Los Estados Unidos,
`Inc., 813 So.2d 250, 251–52 (Fla. 3d DCA 2002)(granting certiorari relief and quashing the trial court's
`order denying Scottsdale's motion for protective order, holding: “Neither the insured nor the injured third
`party is entitled to discovery of the claims file in a declaratory action to determine coverage, because the
`claims file is the insurer's work product”); State Farm Fire and Cas. Co. v. Valido, 662 So.2d 1012, 1013
`(Fla. 3d DCA 1995) (granting certiorari, quashing the trial court's discovery order “in its entirety,” and
`holding that “(a) State Farm's claims files, manuals, guidelines and documents concerning its claims
`handling procedures were irrelevant to the first party [coverage] dispute” and “(b) the defendant's
`surveillance photographs, witness statements and repair estimates were protected by the work product
`privilege”). See also State Farm Fla. Ins. Co. v. Desai, 106 So.3d 5, 6 (Fla. 3d DCA 2013)(the trial court
`entered a discovery order requiring State Farm to produce claims manuals and/or guidelines relating to
`certain policy language and to provide a representative to testify as to the claims manual, guidelines, and
`insurance policy; this court granted certiorari relief and quashed the order, holding that Florida law
`“prohibits insureds from obtaining discovery into an insurer's claims files and claims handling materials
`until contract/coverage litigation has been concluded”).
`Also, see State Farm Florida Ins. Co. v. Gallmon, 835 So.2d 389 (Fla. 2d DCA 2003)(Claims files,
`investigative reports, adjuster notes, underwriting files, company policies and manuals, training materials,
`certain personal files, manuals for operating internal software, details of rewards and bonuses for
`employees, employee incentive and compensation programs, and estimating manuals are irrelevant to first
`party disputes or are privileged work-product.).
`Additionally, “where the issue of coverage is still unresolved at the time of the insurer’s objection
`to the request for discovery of its claim file, the Trial Court departs from the essential requirements of law
`in overruling the insurer’s objection.” State Farm Florida Insurance Company v. Aloni, 101 So. 3d 412,
`414 (Fla. 4th DCA 2012; See also Nationwide Ins. Co. v. Demmo, 57 So.3d 982, 984 (Fla. 2d DCA 2011)
`(holding that when a Trial Court orders the discovery of the insurer’s claim file prior to resolving the issue
`of coverage, it departs from the essential requirements of law); see also Seminole Cas. Ins. Co. v.
`Mastrominas, 6 So. 3d 1256, 1258 (Fla.2d DCA 2009).
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`WHEREFORE, CITIZENS PROPERTY INSURANCE CORPORATION respectfully requests
`that the Court enter an order sustaining all objections to the above-mentioned documents and enter an order
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`Page 2 of 3
`ISRIEL PONZOLI, P.A. | 2121 S.W. 3RD AVE., 7TH FLOOR, MIAMI, FLORIDA 33129
`TEL: 305.577.4800 | FACSILMILE: 305.577.4808 | WWW.ISRIELPONZOLI.COM
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`protecting the above from disclosure.
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via the
`e-file service this 21st day of March 2024, to: Jessica Glace, Esq., VARGAS GONZALEZ HEVIA
`BALDWIN, LLP, 815 Ponce De Leon Blvd., 3rd Floor Coral Gables, FL 33134
`service2@VargasGonzalez.com; jessicacglace@vargasgonzalez.com.
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`ISRIEL PONZOLI, P.A.
`Attorneys for Citizens Property Insurance Corp.
`2121 SW 3rd Avenue, 7th Floor
`Miami, Florida 33129
`Telephone: (305) 577-4800
`Facsimile: (305) 577-4808
`Email: jcullinan@isrielponzoli.com
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`By: /S/ Judy Cullinan____
`Judy Cullinan, Esq.
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`Florida Bar No. 539759
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`Page 3 of 3
`ISRIEL PONZOLI, P.A. | 2121 S.W. 3RD AVE., 7TH FLOOR, MIAMI, FLORIDA 33129
`TEL: 305.577.4800 | FACSILMILE: 305.577.4808 | WWW.ISRIELPONZOLI.COM
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