Preview
Filing# 138532578 E-Filed 11/15/2021 02:55:34 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NO.: CACE-21-016165
DIVISION: 08
SIMSON LIBERIS,
Plaintiff,
V
CURTIS BROWN and GEICO GENERAL
INSURANCE COMPANY,
Defendants.
i
DEFENDANT GEICO GENERAL INSURANCE COMPANY'S
RESPONSE TO PLAINTIFF'S FIRST REQUEST TO PRODUCE
Defendant, GEICO GENERAL INSURANCE COMPANY ("GEICO" or "Defendant")
by and through its undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.350,
hereby responds and objectsto Plaintiff's First Request to Produce to Defendant ("Request to
Produce") as follows:
GENERAL OBJECTIONS
A. Defendant objectsto the Plaintiff's Request to Produce to the extent it attempts to
impose any obligationdifferent from or in addition to those imposed by the Florida Rules of Civil
Procedure, any applicableLocal Rules ofthis Court, or Orders ofthe Court.
B. Defendant objects to Plaintiff's Request to Produce to the extent it calls for
information or documents that were prepared in anticipation
of litigation,
are protectedby the
communications, or are otherwise privileged.
contain attorney-client
work-productprivilege,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/15/2021 02:55:34 PM.****
C. Defendant reserves the rightto supplement,amend, or correct all or any part of the
responses provided in this Response.
GEICO responds as follows:
Without waiver of any of the foregoingobjections,
1. A copy of any and all policiesof insurance, including excess and umbrella
certified
insurance, which contained within the Complaint.
cover Plaintiff for the allegations
RESPONSE: To the extent the request seeks a copy of GEICO insurance policiesthat
provided Plaintiff with uninsured motorist coverage, none. Subject to and without
waiver of the foregoing qualification, GEICO will produce documents responsive to
the insurance policiesidentified in the Complaint.
2. A certified copy of Plaintiff's insurance policy with Defendant GEICO, policy number
4494142112 (hereinafter "the GEICO policy"),to the extent not produced in response to
Request #1.
RESPONSE: See Response to Request No. 1.
3. Any and declaration of coverage pages and sworn statements of a corporate officer or
all
officers of Defendant GEICO, attesting to the coverage available to Plaintiff for the
incident described in the Complaint.
RESPONSE: See Response to Request No. 1.
4. The entire claim file maintained by Defendant GEICO or anyone on Defendant GEICO's
behalf in connection with the incident described in the Complaint,cover to cover; including
originaljacketsand everythingcontained within the file;or any such portions of it which
would not constitute proprietary,trade secret, and/or confidential information and
are not covered by attorney-clientprivilege,work-product doctrine, and/or the claim
file privilege;includingbut not limited to:
a. All notations regardingnotice ofthe subjectincident;
b. All telephone messages to or from Defendant GEICO, or any of Defendant
GEICO's agents on behalf of Defendant GEICO;
C All accident reports prepared by Defendant GEICO, any law enforcement agencies,
Plaintiff,or your insured(s);
d. All interoffice memoranda;
e. All correspondence to or from anyone, including any insurance agencies,any
doctor's offices, any employers, any agencies hired to select doctors for a
compulsory/independent medical examination, and any law enforcement agencies;
and
f. All records on file concerning the time expended or the costs expended in the
handlingo f any aspect o f Plaintiff' s claim.
2
RESPONSE: GEICO objects to this request as vague, overly broad, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible
evidence. GEICO further objects to this request as it seeks information that would
constitute proprietary, trade secret, and/or confidential information, and otherwise
privilegeand/or work--product doctrine
violates the attorney--client and the claim file
privilege.
Further, GEICO objectsto this request as discovery related to an action for bad faith
against GEICO. Discovery relatingto GEICO's business practices and/or claims
handling is premature, as issues surrounding GEICO's alleged bad faith or improper
claims handling are not ripe unless and until a determination on coverage, liability,
and damages has been established. See Fest v. Travelers Ins. Co., 753 So. 2d 1270, 1276
(yla. 100% Blanchard v. State Farm Mut. Auto Ins. Co., 515 So. 2d 1289, 1291 (Fla.
1991); State Farm Mut. Auto Ins. Co. v. Tranchese, 49 So. 3d 809, 810 (Fla.4th DCA
2010) (holding that a party is not entitled to discovery related to the claims file or the
insurer's business practice until the obligation to provide coverage and damages has
been determined); Gov't Emps. Ins. Co. v. Rodriguez,960 So. ld 194, 795-96 (Fla. 3d
DCA 2007) ("a party is not entitled to discovery of an insurer's claim file or
documents relating to the insurer's business policiesor practices regarding the
handling of claims in an action for insurance benefits combined with a bad faith
action until the insurer's obligation to provide coverage has been established.");
Hartford Ins. Co. v. Mainstream Contr. Grp.,Inc., 864 So. 2d 1270, 1272-73 (Fla. 5th
DCA 2004)("[A]san insured is not entitled to discover an insurer's claim file or
documents relating to the insurer's business policies or claims practices until
coverage has been determined, it is inappropriate to run the bad faith and unfair
settlement practices claims conjoined with coverage issues.").
5. Any and contracts, forms, or other papers or documents regarding and/or
all other
comprisingthe GEICO policy,includingbut not limited to the original
signed contract of
insurance, any and all signed Uninsured/Underinsured Motorist selection/rejection forms,
any other documents which were signed or allegedlysigned at the time Plaintiff signed up
for, applied for, or otherwise initiated the process of obtaining that policy,and any
documents regardingany and all changes made to that policysince the date of inception.
RESPONSE: GEICO will produce all documents responsive to this request at a time
and place mutually convenient to the parties.
6. Copies or picturesof each screen or stage of any and all electronic or computer interfaces
by which Plaintiff electronicallysigned any Uninsured/Underinsured Motorist selection
forms or caused his electronic signatureto be applied to any Uninsured/Underinsured
Motorist selection forms.
RESPONSE: GEICO will produce the DocuSign Certificate of Completion reflecting
the means by which the electronic signature was obtained on the M9FL form.
3
".'
7. Copies or picturesof each screen or stage ofthe "DocuSign :signing
ceremony" by or in
which Plaintiff allegedlysigned the M9FL Uninsured/Underinsured Motorist selection
form on May 28, 2017.
RESPONSE: GEICO will produce the DocuSign Certificate of Completion reflecting
the means by which the electronic signature was obtained on the M9FL form.
8 The originalPDF file of the M9FL Uninsured/Underinsured Motorist selection form
allegedlysigned by Plaintiff on May 28, 2017, and all metadata attached to or associated
with this file.
RESPONSE: See response to Request No. 7.
9. A compact disc (CD) or other such electronic storage medium containinga simulation or
depiction of the "signing ceremony" by or in which Plaintiff electronically signed any
Uninsured/Underinsured Motorist selection forms or caused his electronic signatureto be
applied to any Uninsured/Underinsured Motorist selection forms on May 28, 2017,
showing each step in the process and interface which was allegedlyused or employed by
Plaintiff in this fashion on that date.
RESPONSE: GEICO objects to this request as overly broad, vague, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible
evidence. GEICO further objects to this request as it seeks information that would
constitute proprietary,trade secret, and/or confidential information, and otherwise
violates the attorney--clientprivilege, work-product doctrine, and the claim file
privilege.
10. All computer generatedor maintained adjusternotes regardingthis matter.
RESPONSE: GEICO objects to this request as overly broad, vague, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible
evidence. GEICO further objects to this request as it seeks information that would
constitute proprietary, trade secret, and/or confidential information, and otherwise
violates the attorney--client
privilege,work-product doctrine, and the claim file
privilege.
11. Any quotes given by Defendant GEICO to Plaintiff in the year 2017.
RESPONSE: GEICO agrees to produce the insurance quote provided to Plaintiff,or
someone acting on his behalf, for the time period requested.
12. All documents that were submitted to the Florida Office of Insurance Regulation showing
that the M9FL Uninsured/Underinsured Motorist selection form was to be pre-filled and
static when presentedto the insured in the "signingceremony."
4
RESPONSE: GEICO objects to this interrogatory as harassing, vague, overly broad,
not reasonably limited in scope or time, unduly burdensome, irrelevant, not
reasonably calculated to lead to the discovery of admissible evidence, and based on
the false premises that the M9FL form "was to be pre-filledand static when presented
.",
to the insured in the 'signing ceremony; and that the State of Florida approves an
insurer's online e-signature process beyond approving the Uninsured Motorist
Coverage (UM) Selection/Rejectionform.
13. Copies of any and manuals used by Defendant GEICO for the year 2017 for
all sales
trainingemployees and/or agents for anything relatingto sellingpoliciesto prospective
insureds,advisingprospectiveinsureds regardingcoverage, and anything at all regarding
Uninsured/Underinsured Motorist coverage.
RESPONSE: GEICO objects to this request as overly broad, vague, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible
evidence. GEICO further objects to this request as it seeks information that would
constitute proprietary, trade secret, and/or confidential information, and otherwise
violates the attorney--clientprivilege,work-product doctrine, and the claim file
privilege.
14. Any and surveillance reports, claim history reports or other investigativereports
all
Defendant GEICO or anyone actingon Defendant GEICO's behalfpreparedin connection
with Plaintiff' s claim.
RESPONSE: None.
15. Any and all
transcriptsof recorded statements, Examinations Under Oath, and/or video
recordingof Plaintiff.
RESPONSE: None.
16. Any and all statements Defendant GEICO or anyone actingon behalfofDefendant GEICO
took of Plaintiff.
RESPONSE: GEICO will produce the recorded statement of Plaintiff responsive to
this request at a time and place mutually convenient to the parties.
17. Any and all statements in the possessionof Defendant GEICO from any and all witnesses
to the incident described in the Complaint.
RESPONSE: None.
18. Any and all surveillance,photographs, DVDs, videotapes,or any pictorial
images of
Plaintiff on July 2, 2018.
RESPONSE: None.
5
19. Any and all images of the scene of the
photographs,DVDs, videotapes,or any pictorial
incident described in the Complaint.
RESPONSE: GEICO produce the Florida Traffic Crash Report dated July 2,
will
2018, which contains a model of the accident. GEICO has no other responsive
documents in its possession,custody or control. Discovery is ongoing.
20. Any and all photographs in the possessionof Defendant GEICO or anyone actingon behalf
of Defendant GEICO showing the extent of damage to any of the vehicles involved in the
incident described in the Complaint.
RESPONSE: GEICO objects to this Request as vague, not reasonably limited in
scope, and overly broad. GEICO further objects to this request as it seeks information
that would constitute proprietary, trade secret, and/or confidential information and
privilege,work product doctrine and/or claim
otherwise violates the attorney--client
file privilege.
21. Any and computer data or reports generated from computers in the motor vehicle
all
Defendant, CURTIS BROWN (hereinafter "Defendant BROWN"), was operatingduring
the incident described in the Complaint, from 15 minutes before the subjectincident to 15
minutes after the subject incident.
RESPONSE: None in GEICO's possession,custody or control.
22. The results of any drug testingor alcohol testingdone on Defendant BROWN following
the incident described in the Complaint.
RESPONSE: None in GEICO's possession,custody or control.
23. The criminal record, if any, o f Defendant BROWN.
RESPONSE: None in GEICO's possession, custody or control.
24. The drivingrecord of Defendant BROWN.
RESPONSE: None in GEICO's possession, custody or control.
25. The registration
for the motor vehicle driven by Defendant BROWN.
RESPONSE: None in GEICO's possession,custody or control.
26. A copy of Defendant BROWN's driver license,front and back.
RESPONSE: None in GEICO's possession,custody or control.
6
27. The title for the motor vehicle which Defendant BROWN was operatingduringthe incident
described in the Complaint.
RESPONSE: None in GEICO's possession, custody or control.
28. Any and estimates of repairor statements concerningthe nature and extent of damage
all
to any of the vehicles involved in the incident described in the Complaint.
RESPONSE: GEICO objects to this Request as vague, not reasonably limited in
scope, and overly broad. GEICO further objects to this request as it seeks information
that would constitute proprietary, trade secret, and/or confidential information and
privilege,work product doctrine and/or claim
otherwise violates the attorney--client
file privilege.
29. The policereport for the incident described in the Complaint.
RESPONSE: GEICO produce the Florida Traffic Crash Report related
will to the
incident described in the Complaint at a time and place mutually convenient to the
parties.
30. A copy of the most recent PIP log or PIP ledgerregarding any payments made for medical
treatment and/or lost wages under the claim made under the GEICO policy with claim
number 0598448660101022 (hereinafter "the GEICO claim").
RESPONSE: GEICO will produce all documents responsive to this request under
separate cover.
31. Copies of any and all "Explanation of Review" and/or "Explanation of Benefits"
documents associated with the GEICO claim, and copiesof any and all medical records
and/or medical bills associated with the above documents.
RESPONSE: GEICO will produce all documents responsive to this request under
separate cover.
SMITH, GAMBRELL & RUSSELL, LLP
By-. Dion K. Bass
Steven E. Brust
Florida Bar No.. 0832091
Email: sbrust@sgrlaw.com
Jill F. Bechtold
Florida Bar No.. 0017196
Email: jbechtold@sgrlaw.corn
Jonathon D. Pressley
Florida Bar No.. 84579
Email:
Jennifer P. Lawson
7
Florida Bar No.. 119947
Email: jlawson@sgrlaw.com
Dion K. Bass
Florida Bar No.. 1002209
Email: dbass@sgrlaw.corn
Cassandra R. Daum
Florida Bar No.. 1002721
Email: cdaum@sgrlaw.com
50 N. Laura Street,Suite 2600
Jacksonville,Florida 32202
Tel: (904) 598-6100
Fax: (904) 598-6300
AttorneysMDefendant,
GEICO General Insurance Company
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed on November 15, 2021, using the
Florida Court's E-FilingPortal,which will send a copy to:
LAW OFFICES OF LUKE T. MOREAU, ESQ. THE POWELL LAW FIRM, P.A.
Luke T. Moreau, Esquire Brett C. Powell, Esquire
1761 N. Young Circle,Suite 3-343 17024 S.W 80th Court
Hollywood, FL 33020 Palmetto Bay, FL 33157
Phone: (954) 406-6757 Brett@powellappeals.com
Fax: (954) 212-9703 Co-Counsel.for Plaintiff
luke@lukemoreaulaw. com
catherine@lukemoreaulaw.com
com
ana@lukemoreaulaw. com
Co-Counsel.for the Plaintiff
SILVERSTEIN, SILVERSTEIN & LAW OFFICES OF
SILVERSTEIN, P.A. IVAN A. SCHERTZER
Gregg A. Silverstein,
Esquire Ivan A. Schertzer,Esquire
504 Aventura Corporate Center 16211 N.E. 18th Avenue, Suite 100
20801 Biscayne Boulevard North Miami Beach,FL 33162-4751
Aventura, FL 33180 com
ivan@ivanschertzer.
com
gsilverstein@ssspa-law. Co-Counsel.forPlaintiff
gfresco@ssspa-law.com
Co-Counsel.for Plaintiff
/s/ Dion K. Bass
Attorney
8
Preview
Filing# 138532578 E-Filed 11/15/2021 02:55:34 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-016165 DIVISION: 08 SIMSON LIBERIS, Plaintiff, V CURTIS BROWN and GEICO GENERAL INSURANCE COMPANY, Defendants. i DEFENDANT GEICO GENERAL INSURANCE COMPANY'S RESPONSE TO PLAINTIFF'S FIRST REQUEST TO PRODUCE Defendant, GEICO GENERAL INSURANCE COMPANY ("GEICO" or "Defendant") by and through its undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.350, hereby responds and objectsto Plaintiff's First Request to Produce to Defendant ("Request to Produce") as follows: GENERAL OBJECTIONS A. Defendant objectsto the Plaintiff's Request to Produce to the extent it attempts to impose any obligationdifferent from or in addition to those imposed by the Florida Rules of Civil Procedure, any applicableLocal Rules ofthis Court, or Orders ofthe Court. B. Defendant objects to Plaintiff's Request to Produce to the extent it calls for information or documents that were prepared in anticipation of litigation, are protectedby the communications, or are otherwise privileged. contain attorney-client work-productprivilege, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/15/2021 02:55:34 PM.**** C. Defendant reserves the rightto supplement,amend, or correct all or any part of the responses provided in this Response. GEICO responds as follows: Without waiver of any of the foregoingobjections, 1. A copy of any and all policiesof insurance, including excess and umbrella certified insurance, which contained within the Complaint. cover Plaintiff for the allegations RESPONSE: To the extent the request seeks a copy of GEICO insurance policiesthat provided Plaintiff with uninsured motorist coverage, none. Subject to and without waiver of the foregoing qualification, GEICO will produce documents responsive to the insurance policiesidentified in the Complaint. 2. A certified copy of Plaintiff's insurance policy with Defendant GEICO, policy number 4494142112 (hereinafter "the GEICO policy"),to the extent not produced in response to Request #1. RESPONSE: See Response to Request No. 1. 3. Any and declaration of coverage pages and sworn statements of a corporate officer or all officers of Defendant GEICO, attesting to the coverage available to Plaintiff for the incident described in the Complaint. RESPONSE: See Response to Request No. 1. 4. The entire claim file maintained by Defendant GEICO or anyone on Defendant GEICO's behalf in connection with the incident described in the Complaint,cover to cover; including originaljacketsand everythingcontained within the file;or any such portions of it which would not constitute proprietary,trade secret, and/or confidential information and are not covered by attorney-clientprivilege,work-product doctrine, and/or the claim file privilege;includingbut not limited to: a. All notations regardingnotice ofthe subjectincident; b. All telephone messages to or from Defendant GEICO, or any of Defendant GEICO's agents on behalf of Defendant GEICO; C All accident reports prepared by Defendant GEICO, any law enforcement agencies, Plaintiff,or your insured(s); d. All interoffice memoranda; e. All correspondence to or from anyone, including any insurance agencies,any doctor's offices, any employers, any agencies hired to select doctors for a compulsory/independent medical examination, and any law enforcement agencies; and f. All records on file concerning the time expended or the costs expended in the handlingo f any aspect o f Plaintiff' s claim. 2 RESPONSE: GEICO objects to this request as vague, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. GEICO further objects to this request as it seeks information that would constitute proprietary, trade secret, and/or confidential information, and otherwise privilegeand/or work--product doctrine violates the attorney--client and the claim file privilege. Further, GEICO objectsto this request as discovery related to an action for bad faith against GEICO. Discovery relatingto GEICO's business practices and/or claims handling is premature, as issues surrounding GEICO's alleged bad faith or improper claims handling are not ripe unless and until a determination on coverage, liability, and damages has been established. See Fest v. Travelers Ins. Co., 753 So. 2d 1270, 1276 (yla. 100% Blanchard v. State Farm Mut. Auto Ins. Co., 515 So. 2d 1289, 1291 (Fla. 1991); State Farm Mut. Auto Ins. Co. v. Tranchese, 49 So. 3d 809, 810 (Fla.4th DCA 2010) (holding that a party is not entitled to discovery related to the claims file or the insurer's business practice until the obligation to provide coverage and damages has been determined); Gov't Emps. Ins. Co. v. Rodriguez,960 So. ld 194, 795-96 (Fla. 3d DCA 2007) ("a party is not entitled to discovery of an insurer's claim file or documents relating to the insurer's business policiesor practices regarding the handling of claims in an action for insurance benefits combined with a bad faith action until the insurer's obligation to provide coverage has been established."); Hartford Ins. Co. v. Mainstream Contr. Grp.,Inc., 864 So. 2d 1270, 1272-73 (Fla. 5th DCA 2004)("[A]san insured is not entitled to discover an insurer's claim file or documents relating to the insurer's business policies or claims practices until coverage has been determined, it is inappropriate to run the bad faith and unfair settlement practices claims conjoined with coverage issues."). 5. Any and contracts, forms, or other papers or documents regarding and/or all other comprisingthe GEICO policy,includingbut not limited to the original signed contract of insurance, any and all signed Uninsured/Underinsured Motorist selection/rejection forms, any other documents which were signed or allegedlysigned at the time Plaintiff signed up for, applied for, or otherwise initiated the process of obtaining that policy,and any documents regardingany and all changes made to that policysince the date of inception. RESPONSE: GEICO will produce all documents responsive to this request at a time and place mutually convenient to the parties. 6. Copies or picturesof each screen or stage of any and all electronic or computer interfaces by which Plaintiff electronicallysigned any Uninsured/Underinsured Motorist selection forms or caused his electronic signatureto be applied to any Uninsured/Underinsured Motorist selection forms. RESPONSE: GEICO will produce the DocuSign Certificate of Completion reflecting the means by which the electronic signature was obtained on the M9FL form. 3 ".' 7. Copies or picturesof each screen or stage ofthe "DocuSign :signing ceremony" by or in which Plaintiff allegedlysigned the M9FL Uninsured/Underinsured Motorist selection form on May 28, 2017. RESPONSE: GEICO will produce the DocuSign Certificate of Completion reflecting the means by which the electronic signature was obtained on the M9FL form. 8 The originalPDF file of the M9FL Uninsured/Underinsured Motorist selection form allegedlysigned by Plaintiff on May 28, 2017, and all metadata attached to or associated with this file. RESPONSE: See response to Request No. 7. 9. A compact disc (CD) or other such electronic storage medium containinga simulation or depiction of the "signing ceremony" by or in which Plaintiff electronically signed any Uninsured/Underinsured Motorist selection forms or caused his electronic signatureto be applied to any Uninsured/Underinsured Motorist selection forms on May 28, 2017, showing each step in the process and interface which was allegedlyused or employed by Plaintiff in this fashion on that date. RESPONSE: GEICO objects to this request as overly broad, vague, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. GEICO further objects to this request as it seeks information that would constitute proprietary,trade secret, and/or confidential information, and otherwise violates the attorney--clientprivilege, work-product doctrine, and the claim file privilege. 10. All computer generatedor maintained adjusternotes regardingthis matter. RESPONSE: GEICO objects to this request as overly broad, vague, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. GEICO further objects to this request as it seeks information that would constitute proprietary, trade secret, and/or confidential information, and otherwise violates the attorney--client privilege,work-product doctrine, and the claim file privilege. 11. Any quotes given by Defendant GEICO to Plaintiff in the year 2017. RESPONSE: GEICO agrees to produce the insurance quote provided to Plaintiff,or someone acting on his behalf, for the time period requested. 12. All documents that were submitted to the Florida Office of Insurance Regulation showing that the M9FL Uninsured/Underinsured Motorist selection form was to be pre-filled and static when presentedto the insured in the "signingceremony." 4 RESPONSE: GEICO objects to this interrogatory as harassing, vague, overly broad, not reasonably limited in scope or time, unduly burdensome, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence, and based on the false premises that the M9FL form "was to be pre-filledand static when presented .", to the insured in the 'signing ceremony; and that the State of Florida approves an insurer's online e-signature process beyond approving the Uninsured Motorist Coverage (UM) Selection/Rejectionform. 13. Copies of any and manuals used by Defendant GEICO for the year 2017 for all sales trainingemployees and/or agents for anything relatingto sellingpoliciesto prospective insureds,advisingprospectiveinsureds regardingcoverage, and anything at all regarding Uninsured/Underinsured Motorist coverage. RESPONSE: GEICO objects to this request as overly broad, vague, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. GEICO further objects to this request as it seeks information that would constitute proprietary, trade secret, and/or confidential information, and otherwise violates the attorney--clientprivilege,work-product doctrine, and the claim file privilege. 14. Any and surveillance reports, claim history reports or other investigativereports all Defendant GEICO or anyone actingon Defendant GEICO's behalfpreparedin connection with Plaintiff' s claim. RESPONSE: None. 15. Any and all transcriptsof recorded statements, Examinations Under Oath, and/or video recordingof Plaintiff. RESPONSE: None. 16. Any and all statements Defendant GEICO or anyone actingon behalfofDefendant GEICO took of Plaintiff. RESPONSE: GEICO will produce the recorded statement of Plaintiff responsive to this request at a time and place mutually convenient to the parties. 17. Any and all statements in the possessionof Defendant GEICO from any and all witnesses to the incident described in the Complaint. RESPONSE: None. 18. Any and all surveillance,photographs, DVDs, videotapes,or any pictorial images of Plaintiff on July 2, 2018. RESPONSE: None. 5 19. Any and all images of the scene of the photographs,DVDs, videotapes,or any pictorial incident described in the Complaint. RESPONSE: GEICO produce the Florida Traffic Crash Report dated July 2, will 2018, which contains a model of the accident. GEICO has no other responsive documents in its possession,custody or control. Discovery is ongoing. 20. Any and all photographs in the possessionof Defendant GEICO or anyone actingon behalf of Defendant GEICO showing the extent of damage to any of the vehicles involved in the incident described in the Complaint. RESPONSE: GEICO objects to this Request as vague, not reasonably limited in scope, and overly broad. GEICO further objects to this request as it seeks information that would constitute proprietary, trade secret, and/or confidential information and privilege,work product doctrine and/or claim otherwise violates the attorney--client file privilege. 21. Any and computer data or reports generated from computers in the motor vehicle all Defendant, CURTIS BROWN (hereinafter "Defendant BROWN"), was operatingduring the incident described in the Complaint, from 15 minutes before the subjectincident to 15 minutes after the subject incident. RESPONSE: None in GEICO's possession,custody or control. 22. The results of any drug testingor alcohol testingdone on Defendant BROWN following the incident described in the Complaint. RESPONSE: None in GEICO's possession,custody or control. 23. The criminal record, if any, o f Defendant BROWN. RESPONSE: None in GEICO's possession, custody or control. 24. The drivingrecord of Defendant BROWN. RESPONSE: None in GEICO's possession, custody or control. 25. The registration for the motor vehicle driven by Defendant BROWN. RESPONSE: None in GEICO's possession,custody or control. 26. A copy of Defendant BROWN's driver license,front and back. RESPONSE: None in GEICO's possession,custody or control. 6 27. The title for the motor vehicle which Defendant BROWN was operatingduringthe incident described in the Complaint. RESPONSE: None in GEICO's possession, custody or control. 28. Any and estimates of repairor statements concerningthe nature and extent of damage all to any of the vehicles involved in the incident described in the Complaint. RESPONSE: GEICO objects to this Request as vague, not reasonably limited in scope, and overly broad. GEICO further objects to this request as it seeks information that would constitute proprietary, trade secret, and/or confidential information and privilege,work product doctrine and/or claim otherwise violates the attorney--client file privilege. 29. The policereport for the incident described in the Complaint. RESPONSE: GEICO produce the Florida Traffic Crash Report related will to the incident described in the Complaint at a time and place mutually convenient to the parties. 30. A copy of the most recent PIP log or PIP ledgerregarding any payments made for medical treatment and/or lost wages under the claim made under the GEICO policy with claim number 0598448660101022 (hereinafter "the GEICO claim"). RESPONSE: GEICO will produce all documents responsive to this request under separate cover. 31. Copies of any and all "Explanation of Review" and/or "Explanation of Benefits" documents associated with the GEICO claim, and copiesof any and all medical records and/or medical bills associated with the above documents. RESPONSE: GEICO will produce all documents responsive to this request under separate cover. SMITH, GAMBRELL & RUSSELL, LLP By-. Dion K. Bass Steven E. Brust Florida Bar No.. 0832091 Email: sbrust@sgrlaw.com Jill F. Bechtold Florida Bar No.. 0017196 Email: jbechtold@sgrlaw.corn Jonathon D. Pressley Florida Bar No.. 84579 Email: Jennifer P. Lawson 7 Florida Bar No.. 119947 Email: jlawson@sgrlaw.com Dion K. Bass Florida Bar No.. 1002209 Email: dbass@sgrlaw.corn Cassandra R. Daum Florida Bar No.. 1002721 Email: cdaum@sgrlaw.com 50 N. Laura Street,Suite 2600 Jacksonville,Florida 32202 Tel: (904) 598-6100 Fax: (904) 598-6300 AttorneysMDefendant, GEICO General Insurance Company CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed on November 15, 2021, using the Florida Court's E-FilingPortal,which will send a copy to: LAW OFFICES OF LUKE T. MOREAU, ESQ. THE POWELL LAW FIRM, P.A. Luke T. Moreau, Esquire Brett C. Powell, Esquire 1761 N. Young Circle,Suite 3-343 17024 S.W 80th Court Hollywood, FL 33020 Palmetto Bay, FL 33157 Phone: (954) 406-6757 Brett@powellappeals.com Fax: (954) 212-9703 Co-Counsel.for Plaintiff luke@lukemoreaulaw. com catherine@lukemoreaulaw.com com ana@lukemoreaulaw. com Co-Counsel.for the Plaintiff SILVERSTEIN, SILVERSTEIN & LAW OFFICES OF SILVERSTEIN, P.A. IVAN A. SCHERTZER Gregg A. Silverstein, Esquire Ivan A. Schertzer,Esquire 504 Aventura Corporate Center 16211 N.E. 18th Avenue, Suite 100 20801 Biscayne Boulevard North Miami Beach,FL 33162-4751 Aventura, FL 33180 com ivan@ivanschertzer. com gsilverstein@ssspa-law. Co-Counsel.forPlaintiff gfresco@ssspa-law.com Co-Counsel.for Plaintiff /s/ Dion K. Bass Attorney 8