Contract analysis

1. VHG objects to any interrogatory that seeks or calls for information, documents, or communications protected by the attorney-client privilege, work-product doctrine, or any other applicable privilege or protection, including without limitation communications between VHG and its counsel of record, Calderwood & Harkness LLP, and communications between VHG and any other attorney or legal advisor in connection with th

2. VHG objects to any interrogatory that is overly broad, unduly burdensome, or not proportional to the needs of this case, taking into account the importance of the issues at stake, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its l

3. VHG objects to any interrogatory that seeks information equally or more readily available to Ironclad from its own files, records, and documents, including without limitation Ironclad's claims files, underwriting files, policy files, correspondence files, and communications with Arbor Claims Services LLC, its independent adjusting firm. To the extent Ironclad already possesses responsive information in its own rec

4. VHG objects to any interrogatory that assumes facts not in evidence, contains embedded legal conclusions, or is premised on a characterization of events, policies, or legal principles with which VHG does not agree. Any response to such an interrogatory should not be construed as an adoption of or agreement with the factual or legal premises underlying the interrogatory.

5. VHG objects to any definition or instruction set forth in the Interrogatories to the extent such definition or instruction purports to impose obligations on VHG beyond those required by the Florida Rules of Civil Procedure, including without limitation any instruction that seeks to expand the scope of VHG's duty to search for or compile information beyond what is reasonable and proportional under the circumstances

6. VHG does not waive any objection, whether general or specific, by providing a substantive response to any interrogatory, and any response is made subject to and without prejudice to all stated objections. VHG reserves the right to assert additional objections as appropriate. SPECIFIC RESPONSES TO INTERROGATORIES INTERROGATORY NO. 1 State the full legal name of Plaintiff Verimark Hospitality Group Inc., its state o

1. Verimark Grand Key Resort — Located at Mile Marker 48, Marathon, Monroe County, Florida 33050. The Grand Key Resort is a full-service luxury resort and marina facility comprising 312 guest rooms and suites situated across multiple low-rise and mid-rise structures on approximately 22 acres of waterfront property in the Florida Keys. The property includes guest accommodations, a full-service 85-slip marina, two rest

2. Verimark Harborview Hotel & Conference Center — Located at 1400 Estero Boulevard, Fort Myers Beach, Lee County, Florida 33931. The Harborview Hotel & Conference Center is a 224-room hotel situated on beachfront property on Estero Island, featuring approximately 40,000 square feet of conference and event facilities, including a 15,000-square-foot grand ballroom, multiple breakout meeting rooms, and pre-function and

3. Verimark Sunset Shores — Located at 7200 Gulf Boulevard, St. Pete Beach, Pinellas County, Florida 33706. Sunset Shores is a 186-room boutique resort situated on the Gulf of Mexico, featuring a beachfront pool and sundeck, a restaurant and tiki bar, and various beach and water-sport amenities. Pre-loss operational metrics for the twelve-month period preceding Hurricane Callista were as follows: ADR of approximately

1. Verimark Grand Key Resort: Date of Closure: September 18, 2022. This was the date of Hurricane Callista's landfall. Hurricane Callista made landfall as a Category 4 hurricane with maximum sustained winds of approximately 145 miles per hour at approximately 1:30 PM Eastern Daylight Time in the Lower Florida Keys near Big Pine Key, Monroe County, Florida. The Monroe County Emergency Management Division issued a mand

2. Verimark Harborview Hotel & Conference Center: Date of Closure: September 18, 2022. Lee County issued a mandatory evacuation order for barrier island communities, including Fort Myers Beach and Estero Island, on September 17, 2022. VHG evacuated all guests and non-essential staff from the Harborview prior to the storm's landfall. The property sustained significant wind damage to the building structure, conference

3. Verimark Sunset Shores: Date of Full Closure: September 18, 2022 through November 30, 2022 (73 days). The property was completely closed to guests and generated no revenue during this period. Date of Partial Reopening: November 30, 2022. The property partially reopened on this date at reduced capacity, as ongoing repairs to a portion of guest rooms, common areas, and exterior facilities had not yet been completed.