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FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing 

and service of pleadings or other documents as required by law. This form must be filed by the 

plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant 

to section 25.075, Florida Statutes. (See instructions for completion.)

I. CASE STYLE

IN THE CIRCUIT/COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT,

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

OCEANIA III CONDOMONIUM ASSOCIATION, INC.

Plaintiff Case # 

Judge 

vs.

WESTCHESTER SURPLUS LINES INSURANCE COMPANY, EVEREST INDEMNITY 

INSURANCE COMPANY

Defendant

II. AMOUNT OF CLAIM

Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of 

the claim is requested for data collection and clerical processing purposes only. The amount of the claim 

shall not be used for any other purpose. 

 $8,000 or less

$8,001 - $30,000

 $30,001- $50,000

$50,001- $75,000

$75,001 - $100,000

over $100,000.00

III. TYPE OF CASE (If the case fits more than one type of case, select the most 

definitive category.) If the most descriptive label is a subcategory (is indented under a broader 

category), place an x on both the main category and subcategory lines.

Filing # 158588216 E-Filed 10/04/2022 04:44:43 PM

Composite 1

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 1 of 34
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CIRCUIT CIVIL

Condominium

 Contracts and indebtedness

Eminent domain

Auto negligence

Negligence—other

Business governance

Business torts

Environmental/Toxic tort

Third party indemnification

Construction defect

Mass tort

Negligent security

Nursing home negligence

Premises liability—commercial

Premises liability—residential

Products liability

 Real Property/Mortgage foreclosure

Commercial foreclosure

Homestead residential foreclosure

Non-homestead residential foreclosure

Other real property actions

Professional malpractice

Malpractice—business

Malpractice—medical

Malpractice—other professional

Other

Antitrust/Trade regulation

Business transactions

Constitutional challenge—statute or ordinance

Constitutional challenge—proposed amendment

Corporate trusts

Discrimination—employment or other

Insurance claims

Intellectual property

Libel/Slander

Shareholder derivative action

Securities litigation

Trade secrets

Trust litigation

COUNTY CIVIL

☐ Small Claims up to $8,000 

☐ Civil

Real property/Mortgage foreclosure 

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 2 of 34
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☐ Replevins

☐ Evictions

☐ Residential Evictions

☐ Non-residential Evictions

☐ Other civil (non-monetary)

COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the 

Administrative Order. Yes No 

IV. REMEDIES SOUGHT (check all that apply):

 Monetary;

Nonmonetary declaratory or injunctive relief;

Punitive

V. NUMBER OF CAUSES OF ACTION: [ ]

(Specify) 

1

VI. IS THIS CASE A CLASS ACTION LAWSUIT?

yes

 no

VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

 no

yes If “yes,” list all related cases by name, case number, and court.

VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?

 yes

no

IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE?

yes

 no

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of 

my knowledge and belief, and that I have read and will comply with the requirements of 

Florida Rule of Judicial Administration 2.425.

Signature: s/ Thomas J Morgan Jr Fla. Bar # 127612

Attorney or party (Bar # if attorney)

Thomas J Morgan Jr 10/04/2022

(type or print name) Date

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 3 of 34
1 

THE MORGAN LAW GROUP 

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT 

IN AND FOR MIAMI-DADE COUNTY, FLORIDA 

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC. 

 Case No. 

Plaintiff, 

v. 

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY and 

EVEREST INDEMNITY INSURANCE 

COMPANY, 

Defendants. 

_______________________________/ 

COMPLAINT 

 Plaintiff OCEANIA III CONDOMINIUM ASSOCIATION, INC. (“Oceania III”), sues 

Defendants WESTCHESTER SURPLUS LINES INSURANCE COMPANY 

(“Westchester”) and EVEREST INDEMNITY INSURANCE COMPANY (“Everest”) 

(collectively, “Defendants”) and states: 

1. This is an action against Defendants for damages in excess of $30,000.00, 

exclusive of attorney fees, costs, and interest. 

2. Plaintiff is a Florida corporation doing business in Miami-Dade County, 

Florida. 

3. At all times material hereto, Westchester was an insurance company doing 

business in Miami-Dade County, Florida. 

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2 

THE MORGAN LAW GROUP 

4. At all times material hereto, Everest was an insurance company doing 

business in Miami-Dade County, Florida. 

5. At all times material hereto, Plaintiff was and is the owner of the property 

located at 16485 Collins Ave., Sunny Isles Beach, FL 33160 in Miami-Dade County, 

Florida (the “Property”). 

6. Venue is proper in Miami-Dade County, Florida, because that is where 

cause of action accrued and where the Property is located. 

7. Plaintiff and Defendants entered written contracts wherein Plaintiff agreed 

to pay Defendants a premium, and Defendants agreed to issue property insurance 

policies insuring the Property. 

8. Defendants maintain copies of all the issued insurance policies. 

9. At all times material hereto, the Property was insured against certain losses 

under a policy of insurance issued by Westchester to Plaintiff—specifically, policy number 

D38073229-001. 

10. At all times material hereto, the Property was insured against certain losses 

under a policy of insurance issued by Everest to Plaintiff—specifically, policy number 

CA3P005825171. 

11. At all times material hereto, the policies of insurance were in full force and 

effect, and Defendants had a duty to pay Plaintiff for covered losses to the Property. 

12. Plaintiffs paid all premiums due as contemplated by the insurance policies 

and, therefore, fully performed. 

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 5 of 34
3 

THE MORGAN LAW GROUP 

13. On September 10, 2017, the Property sustained a loss covered under the 

insurance policies as a result of Hurricane Irma (the “Covered Loss”). 

14. Plaintiff complied with all post-loss obligations within the policies including, 

but not limited to: (i) proving timely notice to Defendants of the Covered Loss; and (ii) 

protecting the Property from further loss. 

15. Plaintiff delivered to Defendants a full account of the damages sustained to 

the Property due to the Covered Loss. 

16. Westchester assigned claim number KY20K2717836 to identify the loss. 

17. Everest assigned claim number 6-5149 to identify the loss. 

18. Defendants breached the terms of the insurance policies by failing to pay 

for the Covered Loss and further failing to establish reasonable proof that Defendants are 

not responsible for payment of the Covered Loss. 

19. As a direct and proximate result of Defendants’ breaches of the terms of the 

insurance policies, Plaintiff suffered substantial damages. 

20. All conditions precedent to the filing of this action have been complied with, 

met, or otherwise waived. 

21. Plaintiff retained the legal services of the undersigned law firm for the 

prosecution of this action and is entitled to recover reasonable attorney’s fees and costs 

pursuant to sections 627.428 or 626.9373, Florida Statutes, from Defendants. 

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 6 of 34
4 

THE MORGAN LAW GROUP 

WHEREFORE, Plaintiff OCEANIA III CONDOMINIUM ASSOCIATION, INC.,

demands judgment against Defendants WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY and EVEREST INDEMNITY INSURANCE COMPANY for 

damages, plus prejudgment and post-judgment interest, reasonable attorneys’ fees, 

costs, and for such further relief this Court deems just and proper. 

DEMAND is hereby made for trial by jury of all issues so triable as a matter of right. 

Dated this 4th day of October 2022. 

 Respectfully submitted, 

THE MORGAN LAW GROUP 

 55 Merrick Way, Suite 404 

 Coral Gables, Florida 33134 

 Phone: (305) 569-9900 

 Fax: (305)443-6828 

 Primary: mlg.eservice@morganlawgroup.net 

 Secondary: wmccaughan@morganlawgroup.net 

 Tertiary: jjomarron@morganlawgroup.net 

 

 By: /s/ William Power McCaughan, Jr. 

Jesmany Jomarron, Esq, 

Florida Bar No.: 69165 

William Power McCaughan, Jr.. Esq. 

Florida Bar No.: 41573 

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 7 of 34
The Morgan Law Group, P.A. 

Put a Policy Advocate on Your Side 

www.policyadvocate.com | Phone: (888) 904-2524 | Fax: (305) 443-6828 

Main Office: 55 Merrick Way, Suite 404 | Coral Gables, FL 33134

Florida | Louisiana | Mississippi | California | Puerto Rico 

Sent via DFS 

Chief Financial Officer 

200 E. Gaines Street 

Tallahassee, Fl 32399 

RE: OCEANIA III CONDOMINIUM ASSOCIATION, INC. v. WESTCHESTER 

SURPLUS LINES INSURANCE COMPANY and EVEREST INDEMNITY 

INSURANCE COMPANY 

To Whom It May Concern: 

 Please provide our office with five or more dates to take the deposition of your corporate 

representative(s), Field Adjuster who inspected Plaintiff’s property and Desk Adjuster in

connection with above-referenced matter within thirty (30) days. Please note that the areas of 

inquiry for these individuals will be as follows: 

1. All issues contained within Plaintiff’s Complaint;

2. Coverage for the Subject Property and damages in this matter; 

3. All coverages, conditions, exclusions, exceptions, definitions, etc. for the Subject Policy. 

4. Damages to the Subject Property at issue in this matter; 

5. Defendant’s opinion as to origin and cause of the loss at issue;

6. Defendant’s reason for failing to pay the Subject Claim; 

7. Any computerized damage estimating system used by the Defendant in the Subject 

Claim; 

8. All of Defendant’s defenses to coverage and payment of Plaintiff’s damages; 

9. Defendant’s Affirmative Defenses;

10. Defendant’s responses to Plaintiff’s discovery requests; 

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11. The specific handling and processing of the subject claim, including the investigation, 

adjustment, and valuation of the claim; 

12. Any and all decisions made on behalf of Defendant with regard to the adjustment, 

investigation, and payment or failure to pay the subject claim and the basis for those 

decisions; 

13. The cause(s) of loss that Defendant attributed to the subject claim and the basis for the 

determination of the cause of loss; 

14. Any damages to the insured property determined by Defendant to have been caused 

directly or indirectly by the subject incident; 

15. The basis for any payment, partial payment, reduction, denial, and/or non-payment of the 

subject claim; 

16. How the events which occurred to cause Plaintiff’s damages constitute events excluded 

from the coverage provided by the subject policy or why Plaintiff’s claim and/or damages 

are not otherwise covered under the policy of insurance; 

17. Any post loss conditions and exclusions relied on by Defendant in denying or failing to 

fully compensate Plaintiff’s loss, as well as the corresponding supporting facts,

documents and policy language; 

18. All documents, correspondence and emails sent by Defendant in any way, shape or form 

to Plaintiff or Plaintiff’s representative(s) relating to the incident alleged in the Complaint 

at any time from the date of loss to the present date; 

19. All photographs, communication, estimates and reports prepared by Defendant for 

Plaintiff’s claim;

20. The factual basis and all policy language including endorsements and amendments upon 

which Defendant’s Answer is based, including all denials and Affirmative Defenses 

raised by Defendant in this cause; and 

21. Defendant’s responses to Plaintiff’s discovery requests and all facts, documents and 

policy language which support Defendant’s responses to Plaintiff’s discovery requests.

22. Defendant’s adjustment of the Subject claim;

23. Defendant’s evaluation of the Subject Claim;

24. License information for all adjusters and other claim representatives involved with the 

handling of the Subject Claim; 

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 9 of 34
25. Defendant’s inspection of the Subject Property prior to the occurrence of the Subject 

Loss; 

26. Defendant’s inspection of the Subject Property subsequent to the occurrence of the 

Subject Loss; 

27. All documents Defendant requested prior to the filing of the present lawsuit and the 

reason for making the request; 

28. The nature, substance and location of all records in Defendant’s possession, custody care 

or control, including expert reports which pertain to the Subject Loss and Subject Claim; 

29. Defendant’s denial of the Subject Claim, and; 

30. Defendant’s knowledge of the contents contained within the entire underwriting file an 

underwriting of the Subject Policy. 

This is not an exhaustive list and additional areas of inquiry may be necessary depending 

upon additional discovery and responses to questions asked at the deposition. 

 Should you have any questions, please do not hesitate to contact us. In the meantime, I 

look forward to your anticipated prompt cooperation in this matter. Failure to provide dates 

within the prescribed time may necessitate the filing of a Motion to Compel. 

Respectfully, 

Thomas J. Morgan, Jr., Esq. 

/s/ Thomas J. Morgan, Jr. 

 

 

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 10 of 34
IN THE CIRCUIT COURT OF THE

11 JUDICIAL CIRCUIT IN AND FOR TH

MIAMI-DADE COUNTY, FLORIDA

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC.,

Plaintiff,

v.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY 

and EVEREST INDEMNITY INSURANCE 

COMPANY,

Defendant.

_________________________________/

PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT

COMES NOW, the Plaintiff, OCEANIA III CONDOMINIUM ASSOCIATION, INC.,

by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil

Procedure, hereby requests the Defendant, EVEREST INDEMNITY INSURANCE

COMPANY, produce legible copies of the following documents to the Plaintiff within forty

(45) days after service of this request:

1. A true and correct certified copy of the applicable insurance policy issued by

Defendant to Plaintiff, including any and all endorsements in effect at the time of the

subject loss.

2. Any and all time sheets, logs and/or other documents reflecting the time spent by

Defendant and/or it’s agents at the Plaintiff’s property after notification of the subject

loss.

3. Any and all statements, whether written, oral or recorded, taken of the Plaintiff(s)

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and/or their agents, servants, employees, etc., in regards to the subject matter of

this litigation.

4. Any and all statements, whether written, oral or recorded, taken of non-parties in

regards to the subject matter of this litigation.

5. Any and all invoices and bills reflecting payments made by the Plaintiff with regards

to premiums for the subject policy issued by Defendant.

6. Any and all correspondence or other written communication from Defendant to

Plaintiff or Plaintiff’s representatives, relating in any manner to the subject loss.

7. Any and all correspondence or other written communication from Plaintiff or

Plaintiff’s representatives, relating in any manner to the subject loss prior to the

institution of this litigation.

8. Any and all photographs, videos and/or drawings made by Defendant or it’s agents

and/or representatives of the Plaintiff’s property which is the subject matter of this

litigation.

9. A copy of the entire underwriting file for the subject policy of insurance.

10. A copy of the entire claim file, including any table of contents, computer notations,

summaries, for the subject loss, excluding any documents to which a privilege claim

may exist. Please provide a ‘Privilege Log’ detailing any such documents that are

being withheld and the basis for the privilege.

11. Any and all policies, rules, regulations, memorandums, guidelines and/or procedure

manuals regarding Defendant’s process for investigating, evaluating and/or settling

of homeowner claims.

Page 2 of 3

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 12 of 34
12. Any and all manuals, instructions and/or other materials relied upon by Defendant

in the training of adjusters and/or appraisers regarding homeowner claims.

13. Any and all estimates prepared by Defendant and/or it’s agents and/or

representatives regarding the subject claim of the Plaintiff.

14. Any and all reports and/or other documents prepared by experts retained in this

matter on behalf of the Defendant.

15. A copy of any and all reports by any general contractor, engineer, roofer, electrician

or other construction personnel hired by Defendant to examine and/or evaluate any

aspect of the Plaintiff’s subject claim.

16. Copies of any and all drafts issued by Defendant to the Plaintiff for payment of any

aspect of the Plaintiff’s subject claim.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served

attached with the Original Summons and Complaint

THE MORGAN LAW GROUP

Attorneys for Plaintiffs

55 Merrick Way, Suite 404

Coral Gables, Florida 33134

Phone: 305.569.9900

Fax : 305.443.6828

By: /s/ William Power McCaughan, Jr.

William Power McCaughan, Jr. Esq.

Florida Bar No.: 41573

Page 3 of 3

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 13 of 34
IN THE CIRCUIT COURT OF THE

11 JUDICIAL CIRCUIT IN AND FOR TH

MIAMI-DADE COUNTY, FLORIDA

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC.,

Plaintiff,

v.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY 

and EVEREST INDEMNITY INSURANCE 

COMPANY,

Defendant.

_________________________________/

PLAINTIFF’S FIRST REQUEST TO PRODUCE TO DEFENDANT

COMES NOW, the Plaintiff, OCEANIA III CONDOMINIUM ASSOCIATION, INC.,

by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil

Procedure, hereby requests the Defendant, WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY, produce legible copies of the following documents to the Plaintiff

within forty (45) days after service of this request:

1. A true and correct certified copy of the applicable insurance policy issued by

Defendant to Plaintiff, including any and all endorsements in effect at the time of the

subject loss.

2. Any and all time sheets, logs and/or other documents reflecting the time spent by

Defendant and/or it’s agents at the Plaintiff’s property after notification of the subject

loss.

3. Any and all statements, whether written, oral or recorded, taken of the Plaintiff(s)

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and/or their agents, servants, employees, etc., in regards to the subject matter of

this litigation.

4. Any and all statements, whether written, oral or recorded, taken of non-parties in

regards to the subject matter of this litigation.

5. Any and all invoices and bills reflecting payments made by the Plaintiff with regards

to premiums for the subject policy issued by Defendant.

6. Any and all correspondence or other written communication from Defendant to

Plaintiff or Plaintiff’s representatives, relating in any manner to the subject loss.

7. Any and all correspondence or other written communication from Plaintiff or

Plaintiff’s representatives, relating in any manner to the subject loss prior to the

institution of this litigation.

8. Any and all photographs, videos and/or drawings made by Defendant or it’s agents

and/or representatives of the Plaintiff’s property which is the subject matter of this

litigation.

9. A copy of the entire underwriting file for the subject policy of insurance.

10. A copy of the entire claim file, including any table of contents, computer notations,

summaries, for the subject loss, excluding any documents to which a privilege claim

may exist. Please provide a ‘Privilege Log’ detailing any such documents that are

being withheld and the basis for the privilege.

11. Any and all policies, rules, regulations, memorandums, guidelines and/or procedure

manuals regarding Defendant’s process for investigating, evaluating and/or settling

of homeowner claims.

Page 2 of 3

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 15 of 34
12. Any and all manuals, instructions and/or other materials relied upon by Defendant

in the training of adjusters and/or appraisers regarding homeowner claims.

13. Any and all estimates prepared by Defendant and/or it’s agents and/or

representatives regarding the subject claim of the Plaintiff.

14. Any and all reports and/or other documents prepared by experts retained in this

matter on behalf of the Defendant.

15. A copy of any and all reports by any general contractor, engineer, roofer, electrician

or other construction personnel hired by Defendant to examine and/or evaluate any

aspect of the Plaintiff’s subject claim.

16. Copies of any and all drafts issued by Defendant to the Plaintiff for payment of any

aspect of the Plaintiff’s subject claim.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served

attached with the Original Summons and Complaint

THE MORGAN LAW GROUP

Attorneys for Plaintiffs

55 Merrick Way, Suite 404

Coral Gables, Florida 33134

Phone: 305.569.9900

Fax : 305.443.6828

By: /s/ William Power McCaughan, Jr.

William Power McCaughan, Jr. Esq.

Florida Bar No.: 41573

Page 3 of 3

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 16 of 34
IN THE CIRCUIT COURT OF THE

11 JUDICIAL CIRCUIT IN AND FOR TH

MIAMI-DADE COUNTY, FLORIDA

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC.,

Plaintiff,

vs.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY 

and EVEREST INDEMNITY INSURANCE 

COMPANY,

Defendant.

 /

PLAINTIFF’S REQUEST FOR ADMISSIONS TO DEFENDANT

COMES NOW, the Plaintiff, OCEANIA III CONDOMINIUM ASSOCIATION, INC.,

by and through undersigned counsel, pursuant to Florida Rules of Civil Procedure 1.370,

and hereby serves, EVEREST INDEMNITY INSURANCE COMPANY, with its First

Request for Admissions to be admitted or denied within forty-five (45) days after service

thereof, and in support thereof states:

1. Admit that you do not dispute the cause of loss as alleged in Paragraph 8 of the

Complaint. 

2. Admit that you do not dispute the date of loss as alleged in Paragraph 8 of the

Complaint. 

3. Admit that the policy described in Paragraph 5 of the Complaint was in full force

and effect on or about the date of loss alleged in Paragraph 8 of the Complaint.

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4. Admit that Plaintiff(s) complied with all of the post loss duties under the policy

described in Paragraph 5 of the Complaint. 

 5. Admit that Plaintiff(s) complied with all of the conditions precedent under the 

policy described in Paragraph 5 of the Complaint.

 6. Admit that Defendant’s investigation of the loss described in Paragraph 8 of the 

 Complaint was not prejudiced by the acts or omissions of Plaintiff(s).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served

attached with the Original Summons and Complaint.

THE MORGAN LAW GROUP

Attorneys for Plaintiffs

55 Merrick Way, Suite 404

Coral Gables, Florida 33134

Phone: 305.569.9900

Fax : 305.443.6828

By: /s/ William Power McCaughan, Jr.

 William Power McCaughan, Jr. Esq.

 Florida Bar No.: 41573

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 18 of 34
IN THE CIRCUIT COURT OF THE

11 JUDICIAL CIRCUIT IN AND FOR TH

MIAMI-DADE COUNTY, FLORIDA

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC.,

Plaintiff,

vs.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY 

and EVEREST INDEMNITY INSURANCE 

COMPANY,

Defendant.

 /

PLAINTIFF’S REQUEST FOR ADMISSIONS TO DEFENDANT

COMES NOW, the Plaintiff, OCEANIA III CONDOMINIUM ASSOCIATION, INC.,

by and through undersigned counsel, pursuant to Florida Rules of Civil Procedure 1.370,

and hereby serves, WESTCHESTER SURPLUS LINES INSURANCE COMPANY, with its

First Request for Admissions to be admitted or denied within forty-five (45) days after

service thereof, and in support thereof states:

1. Admit that you do not dispute the cause of loss as alleged in Paragraph 8 of the

Complaint. 

2. Admit that you do not dispute the date of loss as alleged in Paragraph 8 of the

Complaint. 

3. Admit that the policy described in Paragraph 5 of the Complaint was in full force

and effect on or about the date of loss alleged in Paragraph 8 of the Complaint.

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4. Admit that Plaintiff(s) complied with all of the post loss duties under the policy

described in Paragraph 5 of the Complaint. 

 5. Admit that Plaintiff(s) complied with all of the conditions precedent under the 

policy described in Paragraph 5 of the Complaint.

 6. Admit that Defendant’s investigation of the loss described in Paragraph 8 of the 

 Complaint was not prejudiced by the acts or omissions of Plaintiff(s).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served

attached with the Original Summons and Complaint.

THE MORGAN LAW GROUP

Attorneys for Plaintiffs

55 Merrick Way, Suite 404

Coral Gables, Florida 33134

Phone: 305.569.9900

Fax : 305.443.6828

By: /s/ William Power McCaughan, Jr.

 William Power McCaughan, Jr. Esq.

 Florida Bar No.: 41573

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 20 of 34
IN THE CIRCUIT COURT OF THE

11 JUDICIAL CIRCUIT IN AND FOR TH

MIAMI-DADE COUNTY, FLORIDA

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC.,

Plaintiff,

v.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY 

and EVEREST INDEMNITY INSURANCE 

COMPANY,

Defendant.

_________________________________/

PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT

COMES NOW, the Plaintiff, OCEANIA III CONDOMINIUM ASSOCIATION, INC.,

by and through undersigned counsel, pursuant to Rules 1.280 and 1.340 of the Florida

Rules of Civil Procedure, and propounds upon the Defendant, EVEREST INDEMNITY

INSURANCE COMPANY, the attached eleven (11) Interrogatories to be answered under

oath and in writing within forty-five (45) days after service thereof.

I HEREBY CERTIFY that a true and correct copy of the foregoing was served

attached with the Original Summons and Complaint.

THE MORGAN LAW GROUP

Attorneys for Plaintiffs

55 Merrick Way, Suite 404

Coral Gables, Florida 33134

Phone: 305.569.9900

Fax : 305.443.6828

By: /s/ William Power McCaughan, Jr.

William Power McCaughan, Jr. Esq.

Florida Bar No.: 41573

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INTERROGATORIES TO DEFENDANT

“You(r)” as used in these Interrogatories means your corporation, company or

partnership, or anyone who handles, adjusts or investigates claims on its behalf.

1. State your complete corporate name, nature of your business, whether you are

licensed to do business in the State of Florida, whether you maintain agents for the

transacting of your customary business in any particular county, and whether your name

as it appears in the Plaintiff’s Complaint is correct.

2. State the name, residence address, business address, telephone number, and

position/job title of the individual answering these Interrogatories.

3. List the names, addresses and telephone numbers of all persons believed or known

by you, your agents or attorneys to have 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 obtained any statements (oral, written and/or recorded) from

any of said witnesses, list the dates any such witness statements were taken, by whom any

such witness statements were taken, and who has present possession, custody and control

of any such statements.

4. State any and all provisions of the subject policy relied upon by Defendant for denial,

non-payment and/or reduction of Plaintiff’s claim.

5. List the names, residence addresses, business addresses and telephone numbers

of all persons who, on your behalf or on behalf of your agents or representatives, have in

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 22 of 34
any way participated in the investigations, adjusting or handling of the Plaintiff’s claim

involved herein and specify the date and the nature of the participation of each such

person.

6. Do you intend to call upon any expert witness at the trial of this case? If so, please

identify each witness as follows: his/her name, qualifications as an expert, substance of

their opinions to which they are expected to testify, summary of the factual grounds for

each opinion, and provide a list of all claim files and/or court cases for which you have hired

the same expert witness in the last two (2) years.

7. For any and all policy defenses which you reasonably believe are available with

regard to the claim made by the Plaintiff herein: describe in detail the factual and legal

basis for any such defenses and give complete names, residence addresses, business

addresses, and telephone numbers of each and every person believed or known by you,

your agents, representatives, or attorneys, to have any knowledge of the facts which

provide the basis for any such defenses.

8. Provide a complete list of all payments made to or on behalf of the Plaintiff for the

subject loss, specifying the nature of the services rendered, the provider of the services,

the amount of the charges, the date the charges were incurred, the date you first had notice

of the charges, and the date the charges were paid by you.

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 23 of 34
9. List the names, addresses and official positions of each and every person in your

employ or in the employ of anyone on your behalf, who has had any involvement in the

review of the denial or withholding of payment of the Plaintiff’s claim and state in what

capacity they were involved, the date they were involved and the nature of their

involvement.

10. With regard to the Plaintiff’s First Request to Produce, for each item on the Request

to Produce of which you are withholding production claiming any privilege (work

product/attorney-client/etc.), please state, with respect to each such document.

(a) The date of the document; the number of pages of the document; the type of

document involved and its general subject matter without disclosing its contents; and, the

names, business addresses, residence addresses and telephone numbers of all persons

who prepared the document or to whom the document was directed.

(b) The privilege upon the Defendant relies on withholding the document; all facts

upon which the Defendant relies in support of the privilege; the names, business

addresses, residence addresses, telephone numbers, positions and occupations of all

persons known or believed by Defendant to have knowledge concerning the factual basis

for Defendant’s assertion of privilege with regard to the documents;

(c) Any policy provisions, statutory language or case law which Defendant relies

upon in claiming the privilege.

11. With regard to each and every one of the above Interrogatories, for each

Interrogatory which you are refusing to answer, claiming a privilege (work product/attorneyclient/etc.), please state:

(a) The privilege upon which Defendant relies in refusing to answer the

Interrogatory, and, all facts which are relied upon in support of the privilege.

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 24 of 34
(b) The names, residence addresses, business addresses, telephone numbers,

positions and occupations of all persons known or believed by Defendant to have

knowledge concerning the factual basis for Defendant’s assertion of privilege with regard

to the information.

(c) Any policy provisions, statutory language or case law which Defendant relies

upon in claiming the privilege.

 

Affiant:

STATE OF FLORIDA :

:

COUNTY OF __________ :

BEFORE ME, the undersigned authority, personally appeared 

 , who, being first duly sworn, on oath deposes and says that the foregoing Answers

to Interrogatories are true and correct, and that he/she has read the Answers to

Interrogatories and knows the contents thereof.

SWORN TO AND SUBSCRIBED before me this day of , 20___.

 

NOTARY PUBLIC

My commission expires:

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 25 of 34
IN THE CIRCUIT COURT OF THE

11 JUDICIAL CIRCUIT IN AND FOR TH

MIAMI-DADE COUNTY, FLORIDA

OCEANIA III CONDOMINIUM 

ASSOCIATION, INC.,

Plaintiff,

v.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY 

and EVEREST INDEMNITY INSURANCE 

COMPANY,

Defendant.

_________________________________/

PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT

COMES NOW, the Plaintiff, OCEANIA III CONDOMINIUM ASSOCIATION, INC.,

by and through undersigned counsel, pursuant to Rules 1.280 and 1.340 of the Florida

Rules of Civil Procedure, and propounds upon the Defendant, WESTCHESTER SURPLUS

LINES INSURANCE COMPANY, the attached eleven (11) Interrogatories to be answered

under oath and in writing within forty-five (45) days after service thereof.

I HEREBY CERTIFY that a true and correct copy of the foregoing was served

attached with the Original Summons and Complaint.

THE MORGAN LAW GROUP

Attorneys for Plaintiffs

55 Merrick Way, Suite 404

Coral Gables, Florida 33134

Phone: 305.569.9900

Fax : 305.443.6828

By: /s/ William Power McCaughan, Jr.

William Power McCaughan, Jr. Esq.

Florida Bar No.: 41573

Filing # 158588216 E-Filed 10/04/2022 04:44:43 PM Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 26 of 34
INTERROGATORIES TO DEFENDANT

“You(r)” as used in these Interrogatories means your corporation, company or

partnership, or anyone who handles, adjusts or investigates claims on its behalf.

1. State your complete corporate name, nature of your business, whether you are

licensed to do business in the State of Florida, whether you maintain agents for the

transacting of your customary business in any particular county, and whether your name

as it appears in the Plaintiff’s Complaint is correct.

2. State the name, residence address, business address, telephone number, and

position/job title of the individual answering these Interrogatories.

3. List the names, addresses and telephone numbers of all persons believed or known

by you, your agents or attorneys to have 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 obtained any statements (oral, written and/or recorded) from

any of said witnesses, list the dates any such witness statements were taken, by whom any

such witness statements were taken, and who has present possession, custody and control

of any such statements.

4. State any and all provisions of the subject policy relied upon by Defendant for denial,

non-payment and/or reduction of Plaintiff’s claim.

5. List the names, residence addresses, business addresses and telephone numbers

of all persons who, on your behalf or on behalf of your agents or representatives, have in

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 27 of 34
any way participated in the investigations, adjusting or handling of the Plaintiff’s claim

involved herein and specify the date and the nature of the participation of each such

person.

6. Do you intend to call upon any expert witness at the trial of this case? If so, please

identify each witness as follows: his/her name, qualifications as an expert, substance of

their opinions to which they are expected to testify, summary of the factual grounds for

each opinion, and provide a list of all claim files and/or court cases for which you have hired

the same expert witness in the last two (2) years.

7. For any and all policy defenses which you reasonably believe are available with

regard to the claim made by the Plaintiff herein: describe in detail the factual and legal

basis for any such defenses and give complete names, residence addresses, business

addresses, and telephone numbers of each and every person believed or known by you,

your agents, representatives, or attorneys, to have any knowledge of the facts which

provide the basis for any such defenses.

8. Provide a complete list of all payments made to or on behalf of the Plaintiff for the

subject loss, specifying the nature of the services rendered, the provider of the services,

the amount of the charges, the date the charges were incurred, the date you first had notice

of the charges, and the date the charges were paid by you.

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 28 of 34
9. List the names, addresses and official positions of each and every person in your

employ or in the employ of anyone on your behalf, who has had any involvement in the

review of the denial or withholding of payment of the Plaintiff’s claim and state in what

capacity they were involved, the date they were involved and the nature of their

involvement.

10. With regard to the Plaintiff’s First Request to Produce, for each item on the Request

to Produce of which you are withholding production claiming any privilege (work

product/attorney-client/etc.), please state, with respect to each such document.

(a) The date of the document; the number of pages of the document; the type of

document involved and its general subject matter without disclosing its contents; and, the

names, business addresses, residence addresses and telephone numbers of all persons

who prepared the document or to whom the document was directed.

(b) The privilege upon the Defendant relies on withholding the document; all facts

upon which the Defendant relies in support of the privilege; the names, business

addresses, residence addresses, telephone numbers, positions and occupations of all

persons known or believed by Defendant to have knowledge concerning the factual basis

for Defendant’s assertion of privilege with regard to the documents;

(c) Any policy provisions, statutory language or case law which Defendant relies

upon in claiming the privilege.

11. With regard to each and every one of the above Interrogatories, for each

Interrogatory which you are refusing to answer, claiming a privilege (work product/attorneyclient/etc.), please state:

(a) The privilege upon which Defendant relies in refusing to answer the

Interrogatory, and, all facts which are relied upon in support of the privilege.

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 29 of 34
(b) The names, residence addresses, business addresses, telephone numbers,

positions and occupations of all persons known or believed by Defendant to have

knowledge concerning the factual basis for Defendant’s assertion of privilege with regard

to the information.

(c) Any policy provisions, statutory language or case law which Defendant relies

upon in claiming the privilege.

 

Affiant:

STATE OF FLORIDA :

:

COUNTY OF __________ :

BEFORE ME, the undersigned authority, personally appeared 

 , who, being first duly sworn, on oath deposes and says that the foregoing Answers

to Interrogatories are true and correct, and that he/she has read the Answers to

Interrogatories and knows the contents thereof.

SWORN TO AND SUBSCRIBED before me this day of , 20___.

 

NOTARY PUBLIC

My commission expires:

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 30 of 34
CLK/CT. 314 Rev. 02/16 Clerk’s web address: www.miami-dadeclerk.com 

 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

DIVISION

 CIVIL  OTHER 

 DISTRICTS 

SUMMONS 20 DAY CORPORATE SERVICE 

(a) GENERAL FORMS

CASE NUMBER 

PLAINTIFF(S) VS. DEFENDANT(S) SERVICE 

THE STATE OF FLORIDA: 

To Each Sheriff of the State: 

YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on 

defendant(s): _______________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

Each defendant is required to serve written defense to the complaint or petition on 

Plaintiff’s Attorney: __________________________________________________________ 

CLOCK IN 

whose address is: ___________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

within 20 days “ Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies, 

or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days. 

When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 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 Clerk Court either before 

service on Plaintiff’s attorney 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. 

HARVEY RUVIN

CLERK of COURTS 

DEPUTY CLERK 

DATE 

AMERICANS WITH DISABILITIES ACT OF 1990

ADA NOTICE

“If you are a person with a disability who needs any accommodation in order to 

participate in this proceeding, you are entitled, at no cost to you, to the provision of certain 

assistance. Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson 

E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone 

(305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your 

scheduled court appearance, or immediately upon receiving this notification if the time 

before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, 

call 711.”

OCEANIA III CONDOMINIUM ASSOCIATION, 

INC.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY and EVEREST 

INDEMNITY INSURANCE 

WESTCHESTER SURPLUS LINES INSURANCE COMPANY

C?O FLORIDA CHIEF FINANCIAL OFFICER AS R/A

200 EAST GAINES STREET

TALLAHASSEE, FL 32399

THOMAS J. MORGAN JR, ESQ.

MORGAN LAW GROUP, P.A

55 MERRICK WAY SUITE 404

CORAL GABLES, FL 33134

2022-019099-CA-01 

Filing # 158794349 E-Filed 10/07/2022 01:16:19 PM Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 31 of 34
CLK/CT. 314 Rev. 02/16 Clerk’s web address: www.miami-dadeclerk.com 

 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

DIVISION

 CIVIL  OTHER 

 DISTRICTS 

SUMMONS 20 DAY CORPORATE SERVICE 

(a) GENERAL FORMS

CASE NUMBER 

PLAINTIFF(S) VS. DEFENDANT(S) SERVICE 

THE STATE OF FLORIDA: 

To Each Sheriff of the State: 

YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on 

defendant(s): _______________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

Each defendant is required to serve written defense to the complaint or petition on 

Plaintiff’s Attorney: __________________________________________________________ 

CLOCK IN 

whose address is: ___________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

within 20 days “ Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies, 

or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days. 

When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 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 Clerk Court either before 

service on Plaintiff’s attorney 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. 

HARVEY RUVIN

CLERK of COURTS 

DEPUTY CLERK 

DATE 

AMERICANS WITH DISABILITIES ACT OF 1990

ADA NOTICE

“If you are a person with a disability who needs any accommodation in order to 

participate in this proceeding, you are entitled, at no cost to you, to the provision of certain 

assistance. Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson 

E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone 

(305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your 

scheduled court appearance, or immediately upon receiving this notification if the time 

before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, 

call 711.”

OCEANIA III CONDOMINIUM ASSOCIATION, 

INC.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY and EVEREST 

INDEMNITY INSURANCE 

EVEREST INDEMNITY INSURANCE COMPANY

C/O FLORIDA CHIEF FINANCIAL OFFICER AS R/A

200 EAST GAINES STREET

TALLAHASSEE, FL 32399

THOMAS J. MORGAN JR, ESQ.

MORGAN LAW GROUP, P.A

55 MERRICK WAY SUITE 404

CORAL GABLES, FL 33134

Filing # 158794349 E-Filed 10/07/2022 01:16:19 PM Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 32 of 34
CLK/CT. 314 Rev. 02/16 Clerk’s web address: www.miami-dadeclerk.com 

 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.

DIVISION

 CIVIL  OTHER 

 DISTRICTS 

SUMMONS 20 DAY CORPORATE SERVICE 

(a) GENERAL FORMS

CASE NUMBER 

PLAINTIFF(S) VS. DEFENDANT(S) SERVICE 

THE STATE OF FLORIDA: 

To Each Sheriff of the State: 

YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on 

defendant(s): _______________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

Each defendant is required to serve written defense to the complaint or petition on 

Plaintiff’s Attorney: __________________________________________________________ 

CLOCK IN 

whose address is: ___________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

within 20 days “ Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies, 

or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days. 

When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 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 Clerk Court either before 

service on Plaintiff’s attorney 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. 

HARVEY RUVIN

CLERK of COURTS 

DEPUTY CLERK 

DATE 

AMERICANS WITH DISABILITIES ACT OF 1990

ADA NOTICE

“If you are a person with a disability who needs any accommodation in order to 

participate in this proceeding, you are entitled, at no cost to you, to the provision of certain 

assistance. Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson 

E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone 

(305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your 

scheduled court appearance, or immediately upon receiving this notification if the time 

before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, 

call 711.”

OCEANIA III CONDOMINIUM ASSOCIATION, 

INC.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY and EVEREST 

INDEMNITY INSURANCE 

EVEREST INDEMNITY INSURANCE COMPANY

C/O FLORIDA CHIEF FINANCIAL OFFICER AS R/A

200 EAST GAINES STREET

TALLAHASSEE, FL 32399

THOMAS J. MORGAN JR, ESQ.

MORGAN LAW GROUP, P.A

55 MERRICK WAY SUITE 404

CORAL GABLES, FL 33134

Filing # 158794349 E-Filed 10/07/2022 01:16:19 PM

10/13/2022

H DISABILIT

DA NOTICE

UTY CLERK

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 33 of 34
CLK/CT. 314 Rev. 02/16 Clerk’s web address: www.miami-dadeclerk.com 

 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

 IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.

DIVISION

 CIVIL  OTHER 

 DISTRICTS 

SUMMONS 20 DAY CORPORATE SERVICE 

(a) GENERAL FORMS

CASE NUMBER 

PLAINTIFF(S) VS. DEFENDANT(S) SERVICE 

THE STATE OF FLORIDA: 

To Each Sheriff of the State: 

YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on 

defendant(s): _______________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

Each defendant is required to serve written defense to the complaint or petition on 

Plaintiff’s Attorney: __________________________________________________________ 

CLOCK IN 

whose address is: ___________________________________________________________ 

__________________________________________________________________________ 

__________________________________________________________________________ 

within 20 days “ Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies, 

or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days. 

When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 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 Clerk Court either before 

service on Plaintiff’s attorney 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. 

HARVEY RUVIN

CLERK of COURTS 

DEPUTY CLERK 

DATE 

AMERICANS WITH DISABILITIES ACT OF 1990

ADA NOTICE

“If you are a person with a disability who needs any accommodation in order to 

participate in this proceeding, you are entitled, at no cost to you, to the provision of certain 

assistance. Please contact the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson 

E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone 

(305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your 

scheduled court appearance, or immediately upon receiving this notification if the time 

before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, 

call 711.”

OCEANIA III CONDOMINIUM ASSOCIATION, 

INC.

WESTCHESTER SURPLUS LINES 

INSURANCE COMPANY and EVEREST 

INDEMNITY INSURANCE 

WESTCHESTER SURPLUS LINES INSURANCE COMPANY

C?O FLORIDA CHIEF FINANCIAL OFFICER AS R/A

200 EAST GAINES STREET

TALLAHASSEE, FL 32399

THOMAS J. MORGAN JR, ESQ.

MORGAN LAW GROUP, P.A

55 MERRICK WAY SUITE 404

CORAL GABLES, FL 33134

2022-019099-CA-01 

Filing # 158794349 E-Filed 10/07/2022 01:16:19 PM

10/13/2022

LERK

Case 1:22-cv-23681-RNS Document 1-2 Entered on FLSD Docket 11/09/2022 Page 34 of 34