Contract analysis

I. SUBPOENA COMMAND TO: Tidewater Risk Advisors LLC ATTENTION: Franklin Orde, Account Executive ADDRESS: 2600 S. Bayshore Drive, Suite 800, Miami, FL 33133 ISSUED BY: Calderwood & Harkness LLP, counsel for Plaintiff Verimark Hospitality Group Inc. ISSUED PURSUANT TO: Florida Rule of Civil Procedure 1.351 (Production of Documents and Things Without Deposition by Subpoena Directed to a Nonparty) and Section 48.031, Flo

II. IDENTIFICATION OF ACTION AND PARTIES This subpoena duces tecum is issued in connection with the above-captioned civil action currently pending before the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Miami-Dade County, bearing Case No. 2022-CA-031547, and assigned to the Honorable Catherine Embry. Nature of the Action. This action is a business-interruption insurance coverage dispute arisi

III. DEFINITIONS AND INSTRUCTIONS A. Definitions. As used in this subpoena and in the attached Schedule A, the following terms shall have the meanings set forth below: 1. "You," "Your," or "Tidewater" means and refers to Tidewater Risk Advisors LLC, together with its current and former officers, directors, members, managers, employees, agents, representatives, predecessors, successors, and assigns, including but not

1. Scope of Production. You are instructed to produce all responsive, non-privileged Documents and things in Your possession, custody, or control. Documents are deemed to be in Your "possession, custody, or control" if You have the right to obtain copies of such Documents from any source, including but not limited to Your own files, servers, cloud-based storage, email archives, backup tapes, mobile devices, and any t

2. Privilege Log. If any Document responsive to this subpoena is withheld in whole or in part on the basis of any claimed privilege or protection (including but not limited to the attorney-client privilege, the work-product doctrine, the joint-defense privilege, or any broker-client privilege recognized under applicable law), You shall produce a privilege log that identifies, for each Document or portion thereof with

3. Form of Production. Documents shall be produced in the following manner: (a) Electronically stored information ("ESI") shall be produced in its native electronic format (e.g., .msg, .pst, .eml for emails; .xlsx for spreadsheets; .docx for word-processing documents; .pdf for portable document format files), together with all associated metadata; (b) Hard-copy documents that do not exist in electronic form shall be

4. Documents No Longer in Possession. If any Document responsive to this subpoena was formerly in Your possession, custody, or control but is no longer available, You shall identify such Document with as much specificity as possible, state when and how it was last in Your possession, explain the circumstances under which it ceased to be in Your possession (including whether it was destroyed, lost, transferred, or oth

5. Continuing Obligation. This subpoena imposes a continuing obligation to produce Documents. If, at any time after the initial date of production, You discover or come into possession of additional Documents responsive to this subpoena, You are instructed to produce such Documents promptly to the issuing attorney at the address stated herein.

6. Policy-Year Context. The requests in this subpoena seek Documents for the three most recent policy years (July 1, 2020 through July 1, 2023) in order to provide context regarding the evolution, negotiation, and modification of the insurance program over time. The primary focus of this subpoena, however, is the July 1, 2022 through July 1, 2023 policy period, which is the period during which Hurricane Callista occu

7. Duplicates. If a Document is responsive to more than one category in Schedule A, it need be produced only once, provided that You identify each category to which it is responsive.

8. Construction. The terms "and" and "or" shall be construed both conjunctively and disjunctively as necessary to bring within the scope of this subpoena all Documents that might otherwise be construed to be outside its scope. The singular includes the plural and vice versa. The use of the masculine, feminine, or neuter gender includes all genders. No request shall be construed to be limited in any way by any other r

IV. SCHEDULE A — CATEGORIES OF DOCUMENTS REQUESTED The following categories describe the Documents and things to be produced by Tidewater Risk Advisors LLC pursuant to this subpoena duces tecum. All capitalized terms used in this Schedule A shall have the meanings assigned to them in Section III above. Category 1: Policy Placement and Renewal Files All Documents relating to the placement, marketing, quoting, binding,

V. TIME FOR COMPLIANCE AND MANNER OF PRODUCTION A. All Documents responsive to this subpoena shall be produced on or before July 10, 2023, which is twenty (20) days from the date of service, consistent with the time periods prescribed by the Florida Rules of Civil Procedure. B. Production may be made by either of the following methods: (a) Physical delivery to Calderwood & Harkness LLP, 333 SE 2nd Avenue, Suite 4400,

VI. OBJECTIONS AND CONTACT INFORMATION Any objection to this subpoena must be served in writing upon the attorney issuing this subpoena within the time permitted by the Florida Rules of Civil Procedure. Objections shall be specific, shall state the grounds for each objection, and shall not be used as a basis for withholding production of Documents to which no valid objection applies. For questions regarding this subp

VII. NOTICE TO PARTIES Pursuant to Florida Rule of Civil Procedure 1.351, notice of the service of this subpoena duces tecum directed to nonparty Tidewater Risk Advisors LLC has been simultaneously served upon counsel for all parties in the above-captioned action, as follows: Counsel for Defendants Ironclad Indemnity Corporation and Pinnacle Surplus Lines Inc.: Gregory Stanton, Esq. Fendowell Rourke & Stanton LLP 280

VIII. SIGNATURE BLOCK Respectfully submitted, CALDERWOOD & HARKNESS LLP Counsel for Plaintiff Verimark Hospitality Group Inc. 333 SE 2nd Avenue, Suite 4400 Miami, Florida 33131 Telephone: (305) 987-6200 Facsimile: (305) 987-6201 By: ________ TIFFANY ROSENTHAL Florida Bar No. 118472 Email: trosenthal@calderwoodharkness.com Approved by: ________________________________________ ELAINE FORSYTHE Florida Bar No. 087651 Res

IX. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 20th day of June, 2023, a true and correct copy of the foregoing Subpoena Duces Tecum Directed to Nonparty Tidewater Risk Advisors LLC, together with the attached Schedule A, was served as follows: Via Hand Delivery: Tidewater Risk Advisors LLC Attention: Franklin Orde, Account Executive 2600 S. Bayshore Drive, Suite 800 Miami, FL 33133 Via Email and U.S. Certi