Preview
Filing # 140961572 E-Filed 12/27/2021 02:18:32 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH
JUDICIAL CIRCUIT, IN AND FOR LEE
COUNTY, FLORIDA
CASE NO:
EMILIA HERNANDEZ,
Plaintiff,
vs.
USAA GENERAL INDEMNITY
COMPANY,
Defendant.
/
PLAINTIFF’S REQUEST TO PRODUCE TO DEFENDANT,
USAA GENERAL INDEMNITY COMPANY
Pursuant to the provisions of Rule 1.350, Florida Rules of Civil Procedure, the undersigned
counsel requests that the Defendant, USAA GENERAL INDEMNITY COMPANY, produce
and permit the inspection, copying, testing, sampling, measuring, surveying, photographing or
otherwise examining the following:
1. All insurance policies that would inure to the benefit of Plaintiff, together with any declaration
of coverage page and sworn statement of a corporate officer of Defendant attesting to the
coverage and authenticity of the policy as required by Florida Statutes.
2. All internal procedural memos, regarding the handling of uninsured Motorist claims, which
were in effect during the last twelve (12) months.
3. Defendant's latest claims manual on processing Uninsured Motorist claims.
4. Defendant's most recent claims manual on processing and handling auto insurance claims in
general.
5. A copy of Defendant's standards for the proper investigation of claims, in effect at any time
during the last twelve (12) months.
1
eFiled Lee County Clerk of Courts Page 1
6. Copies of any and all leaflets, brochures, memoranda, correspondence, warnings, or policies,
disseminated by Defendant or any of Defendant's agents, employees, or representatives,
and in effect during the last twelve (12) months, which set forth procedures, comments,
suggestions, guidelines or criteria for handling, adjusting, investigating, or settling Uninsured
Motorist claims.
7. Correspondence or Complaint forms which Defendant or anyone adjusting claims on
Defendant's behalf received during the last twelve (12) months from any field operation office
of The Florida Department of Insurance concerning the handling of Uninsured Motorist
claims.
8. Copies of Defendant's standards for the proper handling, investigation and recording of all
complaints received from insured or from The Florida Department of Insurance which were
in effect at any time during the last twelve (12) months.
9. Copies of any and all leaflets, brochures, memoranda, correspondence, warnings or policies,
disseminated by Defendant or any of Defendant's agents, employees, or representatives, and
in effect during the last twelve (12) months, which set forth procedures, comments,
suggestions, guidelines or criteria for handling, investigating, resolving or settling
complaints from insured or The Florida Department of Insurance regarding the handling of
claims.
10. The entire personnel file of Defendant's adjuster handling Plaintiff’s claim.
11. Any and all information bulletins Defendant received from The Florida Department of
Insurance between December 20, 1999 and the present concerning the handling of uninsured
Motorist claims.
12. Any and all surveillance reports, claims history reports, or other investigative reports that
Defendant or anyone acting on Defendant's behalf prepared with regard to Plaintiff.
13. Any and all surveillance films or photographs Defendant or anyone acting on Defendant's
behalf took of EMILIA HERNANDEZ.
14. The entire Personal Injury Protection file, including an up-to-date PIP and medical payments
payout sheet concerning EMILIA HERNANDEZ.
15. Any and all statements that Defendant or anyone acting on Defendant's behalf took of Plaintiff
or any witnesses.
16. Any and all photographs that Defendant or anyone acting on Defendant's behalf took showing
the extent of damage to any of the vehicles involved in the accident.
17. Any and all photographs that Defendant or anyone acting on Defendant's behalf took of the
scene of the accident at any time prior to the filing of suit.
2
eFiled Lee County Clerk of Courts Page 2
18. Any and all estimates of repair or statements concerning the nature and extent of damage to
any of the vehicles involved in the accident.
19. Any and all writings, memorandums, notes or other materials reflecting Defendant's
examination of any of the vehicles involved in the accident.
20. Any and all records reflecting the towing of any vehicles involved in the accident from the
scene of the accident.
It is requested that the above document be furnished or produced on or before forty-five
(45) days from the date of service hereof, to JASON RAFAEL LEONARD, Esquire at the offices
of Morgan, & Morgan, P.A., 12800 University Drive, Suite 600, Ft. Myers, Florida 33907.
In support of this Request to Produce, it is shown that the documents and/or materials being
here requested are believed to be in the possession, custody or control of the party to whom this
request is directed. The information sought by this request is relevant to the subject matter of this
action and cannot otherwise be obtained without undue hardship. In the event that all or part of the
documents, and/or materials herein requested are not in the possession or control of the above- named
Defendant addressee, then the undersigned counsel further request the identity and location all persons
having such possession and control. This request is made in good faith and for the purposes herein
expressed.
3
eFiled Lee County Clerk of Courts Page 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served upon
the Defendant along with the Summons and Complaint.
/s/ Jadon R. Leonard
JASON RAFAEL LEONARD, ESQUIRE
FBN: 11771
Morgan & Morgan, P.A.
P.O. Box 9504
Ft. Myers, FL 33906
Phone: (239) 433-6880
Facsimile: (239) 433-6836
Attorneys for Plaintiff
E-Mail: jasonleonard@forthepeople.com
mblanco@forthepeople.com
Jrengifo@forthepeople.com
4
eFiled Lee County Clerk of Courts Page 4
Preview
Filing # 140961572 E-Filed 12/27/2021 02:18:32 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CASE NO: EMILIA HERNANDEZ, Plaintiff, vs. USAA GENERAL INDEMNITY COMPANY, Defendant. / PLAINTIFF’S REQUEST TO PRODUCE TO DEFENDANT, USAA GENERAL INDEMNITY COMPANY Pursuant to the provisions of Rule 1.350, Florida Rules of Civil Procedure, the undersigned counsel requests that the Defendant, USAA GENERAL INDEMNITY COMPANY, produce and permit the inspection, copying, testing, sampling, measuring, surveying, photographing or otherwise examining the following: 1. All insurance policies that would inure to the benefit of Plaintiff, together with any declaration of coverage page and sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy as required by Florida Statutes. 2. All internal procedural memos, regarding the handling of uninsured Motorist claims, which were in effect during the last twelve (12) months. 3. Defendant's latest claims manual on processing Uninsured Motorist claims. 4. Defendant's most recent claims manual on processing and handling auto insurance claims in general. 5. A copy of Defendant's standards for the proper investigation of claims, in effect at any time during the last twelve (12) months. 1 eFiled Lee County Clerk of Courts Page 1 6. Copies of any and all leaflets, brochures, memoranda, correspondence, warnings, or policies, disseminated by Defendant or any of Defendant's agents, employees, or representatives, and in effect during the last twelve (12) months, which set forth procedures, comments, suggestions, guidelines or criteria for handling, adjusting, investigating, or settling Uninsured Motorist claims. 7. Correspondence or Complaint forms which Defendant or anyone adjusting claims on Defendant's behalf received during the last twelve (12) months from any field operation office of The Florida Department of Insurance concerning the handling of Uninsured Motorist claims. 8. Copies of Defendant's standards for the proper handling, investigation and recording of all complaints received from insured or from The Florida Department of Insurance which were in effect at any time during the last twelve (12) months. 9. Copies of any and all leaflets, brochures, memoranda, correspondence, warnings or policies, disseminated by Defendant or any of Defendant's agents, employees, or representatives, and in effect during the last twelve (12) months, which set forth procedures, comments, suggestions, guidelines or criteria for handling, investigating, resolving or settling complaints from insured or The Florida Department of Insurance regarding the handling of claims. 10. The entire personnel file of Defendant's adjuster handling Plaintiff’s claim. 11. Any and all information bulletins Defendant received from The Florida Department of Insurance between December 20, 1999 and the present concerning the handling of uninsured Motorist claims. 12. Any and all surveillance reports, claims history reports, or other investigative reports that Defendant or anyone acting on Defendant's behalf prepared with regard to Plaintiff. 13. Any and all surveillance films or photographs Defendant or anyone acting on Defendant's behalf took of EMILIA HERNANDEZ. 14. The entire Personal Injury Protection file, including an up-to-date PIP and medical payments payout sheet concerning EMILIA HERNANDEZ. 15. Any and all statements that Defendant or anyone acting on Defendant's behalf took of Plaintiff or any witnesses. 16. Any and all photographs that Defendant or anyone acting on Defendant's behalf took showing the extent of damage to any of the vehicles involved in the accident. 17. Any and all photographs that Defendant or anyone acting on Defendant's behalf took of the scene of the accident at any time prior to the filing of suit. 2 eFiled Lee County Clerk of Courts Page 2 18. Any and all estimates of repair or statements concerning the nature and extent of damage to any of the vehicles involved in the accident. 19. Any and all writings, memorandums, notes or other materials reflecting Defendant's examination of any of the vehicles involved in the accident. 20. Any and all records reflecting the towing of any vehicles involved in the accident from the scene of the accident. It is requested that the above document be furnished or produced on or before forty-five (45) days from the date of service hereof, to JASON RAFAEL LEONARD, Esquire at the offices of Morgan, & Morgan, P.A., 12800 University Drive, Suite 600, Ft. Myers, Florida 33907. In support of this Request to Produce, it is shown that the documents and/or materials being here requested are believed to be in the possession, custody or control of the party to whom this request is directed. The information sought by this request is relevant to the subject matter of this action and cannot otherwise be obtained without undue hardship. In the event that all or part of the documents, and/or materials herein requested are not in the possession or control of the above- named Defendant addressee, then the undersigned counsel further request the identity and location all persons having such possession and control. This request is made in good faith and for the purposes herein expressed. 3 eFiled Lee County Clerk of Courts Page 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served upon the Defendant along with the Summons and Complaint. /s/ Jadon R. Leonard JASON RAFAEL LEONARD, ESQUIRE FBN: 11771 Morgan & Morgan, P.A. P.O. Box 9504 Ft. Myers, FL 33906 Phone: (239) 433-6880 Facsimile: (239) 433-6836 Attorneys for Plaintiff E-Mail: jasonleonard@forthepeople.com mblanco@forthepeople.com Jrengifo@forthepeople.com 4 eFiled Lee County Clerk of Courts Page 4