Preview
Case Number: CACE-20-017273 Division: 02
Filing # 115163577 E-Filed 10/19/2020 10:09:10 AM
IN THE CIRCUIT COURT OF THE 1774
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.:
EVELYN ZAFRANI and
ESTHER EMERGUI,
Plaintiff,
v.
PROGRESSIVE SELECT INSURANCE
COMPANY, a foreign corporation,
Defendant.
/
NOTICE OF SERVICE OF UNINSURED/UNDERINSURED
MOTORIST INTERROGATORIES TO DEFENDANT
COMES NOW, the Plaintiffs by and through the undersigned counsel, and files this Notice of
Service of Initial Interrogatories to Defendant, PROGRESSIVE SELECT INSURANCE COMPANY,
a foreign corporation, pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, and hereby
request the Defendant to answer, in writing and under oath, the attached Interrogatories within forty-
five (45) days from the date of service hereof.
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the
Defendant along with the Summons and Complaint filed in this cause.
LAW OFFICES OF ANIDJAR & LEVINE, P.A.
Counsel for Plaintiff
300 SE 17" Street
Fort Lauderdale, FL 33316
Tel: (954) 525-0050/ Fax: (954) 525-0020
E-service at: pleadings@anl-law.com
“By: : —
GLEN B. LEVINE, ESO.,
FBN 0144355
DEVON WORKMAN, ESQ.
FBN 1004245
1
The Law Offices of Anidjar & Levine, P.A.
300 SE 17 Street, Fort Lauderdale, Florida 33316 (25) 525-0050
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2020 10:09:07 AM.****UNINSURED/UNDERINSURED MOTORIST INTERROGATORIES TO DEFENDANT
1, What is your name, address, and if you are answering for someone else, your official
position?
2. If you are answering for a corporation, is said corporation named correctly in the
Complaint? If not, please state the correct name and current registered agent and
address.
3. Describe in detail each act or omission on the part of the Plaintiff you contend
constituted negligence that was a contributing legal cause of the accident/incident
in question.
4. State the facts upon which you rely for each affirmative defense in your answer.
2
The Law Offices of Anidjar & Levine, P.A.
300 SE 17 Street, Fort Lauderdale, Florida 33316 (954) 525-00507.
Do you contend any person or entity other than you is, or may be, liable in whole
or part for the claims asserted against you in this lawsuit? If so, state the full name
and address of each such person or entity, the legal basis for your contention, the
facts or evidence upon which your contention is based, and whether or not you have
notified each such person or entity of your contention.
Was the tortfeasor charged with any violation of law (including any regulations or
ordinances) arising out of the incident described in the Complaint? If so, what is
the name of the tortfeasor; what is the nature of the charge; what plea, or answer, if
any, did the tortfeasor enter to the charge, what court or agency heard the charge;
was any written report prepared by anyone regarding the charge, and if so, what is
the name and address of the person or entity that prepared the report and do you
have a copy of it; and was the testimony at any trial, hearing, or other proceeding
on the charge recorded in any manner, and if, so, what was the name and address
of the person who recorded the testimony?
List the names and addresses of all persons believed or known by you, your agents, or
attorneys to have any knowledge concerning any of the issues raised by the pleadings
and specify the subject matter about which the witness has knowledge of.
3
The Law Offices of Anidjar & Levine, P.A.
300 SE 17 Street, Fort Lauderdale, Florida 33316 (954) 525-005010.
State the name and address of every person known to you, your agents or attorneys
who has knowledge about, or possession, custody or control of any model, plat,
map, drawing, motion picture, video tape or photograph pertaining to any fact or
issue involved in this controversy; and describe as to each, what item such person
has, the name and address of the person who took or prepared it, and the date it was
taken or prepared.
List the names, residence addresses, business addresses, and telephone numbers of
each person believed or known by you, your agents, or attorneys, to have heard the
Plaintiff make any statements, remarks, comments concerning the accident/incident
described in the Complaint and the substance of each statement, remark or comment.
With regard to any uninsured and/or underinsured motorist coverage which may
provide coverage for this claim, please state:
(a) Was the policy in full force and effect on the date and time of the subject accident? If
so, what is the policy number?
(b) What are the limits of the uninsured and/or underinsured motorist coverage per
person/per incident?
(c) Is the coverage stackable?
(d) | How many vehicles were on the policy at the time of the accident?
(e) What is the total amount of coverage provided by the policy?
4
The Law Offices of Anidjar & Levine, P.A.
300 SE 17* Street, Fort Lauderdale, Florida 33316 (954) 525-0050ll.
12.
13.
Do you intend to call any expert witnesses (medical or non-medical) at time of trial of
this case? If so, please identify each witness, describe his or her qualifications as an
expert, state the substance of the facts and opinions to which he or she is expected to
testify at trial, and give a summary of the grounds for each opinion.
Have you made an agreement with anyone that would limit that party’s liability to
anyone for any of the damages sued upon in this case? If so, state the terms of the
agreement and the parties to it.
List the name and address of all persons, corporations or entities who were
registered title owners or who had ownership interest in, or right to control, the
motor vehicle that the tortfeasor driver was driving at the time of the incident
described in the complaint and describe the vehicle, including the make, model,
year and vehicle identification number of the vehicle.
5
The Law Offices of Anidjar & Levine, P.A.
300 SE 17% Street, Fort Lauderdale, Florida 33316 (954) 525-00504.
15.
16.
At the time of the incident described in the complaint, did the driver of the vehicle
described in your answer to the preceding interrogatory have permission to drive
the vehicle? If so, state the names and addresses of all persons who have such
permission.
At the time of the incident described in the complaint, was the tortfeasor driver
engaged in any mission or activity for any other person or entity, including any
employer? If so, state the name and address of that person or entity and the nature
of the mission or activity.
Was the motor vehicle that the tortfeasor driver was driving at the time of the
incident described in the Complaint damaged in the incident and if so, what was
the cost to repair the damage?
Do you contend that the Plaintiff failed to complete or comply with any conditions
precedent required for making uninsured/underinsured motorists claims or in filing
this lawsuit? If so, list each such intended condition precedent and the specific
language of any provision of any contract or statute or any document of any kind
that you contend or believe creates any such condition precedent.
6
The Law Offices of Anidjar & Levine, P.A.
300 SE 17* Street, Fort Lauderdale, Florida 33316 (954) 525-005019.
20.
Did you give Plaintiff consent or permission to settle any claim against the
tortfeasor or insurer? If not, describe in detail why you did not do so.
Without admitting liability, what is the maximum dollar amount of limits that you
contend are available for the uninsured/underinsured motorist claim of Plaintiff for
the collision described in the Complaint?
Do you intend to use as a defense that the Plaintiff failed to use an available
operational seatbelt? If so:
(a) Identify by name and address every person known to Defendant and/or your
attorneys who has any knowledge which forms the basis of your allegation
that the Plaintiff failed to (i) wear the seatbelt; (ii) that the seatbelt was
available; (iii) that the seatbelt was operational;
(b) Does the Defendant have in its possession, custody and/or control any photographs,
video tapes, or other tangible evidence which the Defendant may use at trial which
support the allegations that the Plaintiff failed to utilize an available and/or a
functioning seatbelt. If so:
@) Identify the name and address of each and every custodian of any such
photographs, video tapes, or other tangible evidence.
7
The Law Offices of Anidjar & Levine, P.A.
300 SE 17* Street, Fort Lauderdale, Florida 33316 (954) 525-0050(©)
Do you contend that the Plaintiff’s failure to wear an available, operational seatbelt
was unreasonable under the circumstances and that said failure to use was the
proximate cause of Plaintiff's injuries? If so:
@ State each and every fact known to the Defendant and/or its attorneys which
supports your allegation(s) that the Plaintiff's failure to use the seatbelt under
the circumstances of this accident was unreasonable.
(ii) State each and every fact known or that you plan to rely on which forms the
basis of your contention that Plaintiffs failure to wear an operation seatbelt
was the proximate cause of the Plaintiff's injuries.
8
The Law Offices of Anidjar & Levine, P.A.
300 SE 17# Street, Fort Lauderdale, Florida 33316 (954) 525-0050JURAT PAGE
J HEREBY swear or affirm that my answers contained in the attached response(s) to the
interrogatories propounded by Plaintiff, including any attachments thereto, are true and accurate to
the best of my knowledge.
NAME:
STATE OF FLORIDA )
)SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this___ day of 7
20. , by who is personally known to me or who has produced
as identification and who did or did not take an oath.
Print Name:
Notary Public, State of Florida
My Commission Expires:
9
The Law Offices of Anidjar & Levine, P.A.
300 SE 17% Street, Fort Lauderdale, Florida 33316 (954) 525-0050
Preview
Case Number: CACE-20-017273 Division: 02 Filing # 115163577 E-Filed 10/19/2020 10:09:10 AM IN THE CIRCUIT COURT OF THE 1774 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: EVELYN ZAFRANI and ESTHER EMERGUI, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, a foreign corporation, Defendant. / NOTICE OF SERVICE OF UNINSURED/UNDERINSURED MOTORIST INTERROGATORIES TO DEFENDANT COMES NOW, the Plaintiffs by and through the undersigned counsel, and files this Notice of Service of Initial Interrogatories to Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, a foreign corporation, pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, and hereby request the Defendant to answer, in writing and under oath, the attached Interrogatories within forty- five (45) days from the date of service hereof. I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant along with the Summons and Complaint filed in this cause. LAW OFFICES OF ANIDJAR & LEVINE, P.A. Counsel for Plaintiff 300 SE 17" Street Fort Lauderdale, FL 33316 Tel: (954) 525-0050/ Fax: (954) 525-0020 E-service at: pleadings@anl-law.com “By: : — GLEN B. LEVINE, ESO., FBN 0144355 DEVON WORKMAN, ESQ. FBN 1004245 1 The Law Offices of Anidjar & Levine, P.A. 300 SE 17 Street, Fort Lauderdale, Florida 33316 (25) 525-0050 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/19/2020 10:09:07 AM.****UNINSURED/UNDERINSURED MOTORIST INTERROGATORIES TO DEFENDANT 1, What is your name, address, and if you are answering for someone else, your official position? 2. If you are answering for a corporation, is said corporation named correctly in the Complaint? If not, please state the correct name and current registered agent and address. 3. Describe in detail each act or omission on the part of the Plaintiff you contend constituted negligence that was a contributing legal cause of the accident/incident in question. 4. State the facts upon which you rely for each affirmative defense in your answer. 2 The Law Offices of Anidjar & Levine, P.A. 300 SE 17 Street, Fort Lauderdale, Florida 33316 (954) 525-00507. Do you contend any person or entity other than you is, or may be, liable in whole or part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. Was the tortfeasor charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the Complaint? If so, what is the name of the tortfeasor; what is the nature of the charge; what plea, or answer, if any, did the tortfeasor enter to the charge, what court or agency heard the charge; was any written report prepared by anyone regarding the charge, and if so, what is the name and address of the person or entity that prepared the report and do you have a copy of it; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and if, so, what was the name and address of the person who recorded the testimony? List the names and addresses of all persons believed or known by you, your agents, or attorneys to have any knowledge concerning any of the issues raised by the pleadings and specify the subject matter about which the witness has knowledge of. 3 The Law Offices of Anidjar & Levine, P.A. 300 SE 17 Street, Fort Lauderdale, Florida 33316 (954) 525-005010. State the name and address of every person known to you, your agents or attorneys who has knowledge about, or possession, custody or control of any model, plat, map, drawing, motion picture, video tape or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. List the names, residence addresses, business addresses, and telephone numbers of each person believed or known by you, your agents, or attorneys, to have heard the Plaintiff make any statements, remarks, comments concerning the accident/incident described in the Complaint and the substance of each statement, remark or comment. With regard to any uninsured and/or underinsured motorist coverage which may provide coverage for this claim, please state: (a) Was the policy in full force and effect on the date and time of the subject accident? If so, what is the policy number? (b) What are the limits of the uninsured and/or underinsured motorist coverage per person/per incident? (c) Is the coverage stackable? (d) | How many vehicles were on the policy at the time of the accident? (e) What is the total amount of coverage provided by the policy? 4 The Law Offices of Anidjar & Levine, P.A. 300 SE 17* Street, Fort Lauderdale, Florida 33316 (954) 525-0050ll. 12. 13. Do you intend to call any expert witnesses (medical or non-medical) at time of trial of this case? If so, please identify each witness, describe his or her qualifications as an expert, state the substance of the facts and opinions to which he or she is expected to testify at trial, and give a summary of the grounds for each opinion. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. List the name and address of all persons, corporations or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the tortfeasor driver was driving at the time of the incident described in the complaint and describe the vehicle, including the make, model, year and vehicle identification number of the vehicle. 5 The Law Offices of Anidjar & Levine, P.A. 300 SE 17% Street, Fort Lauderdale, Florida 33316 (954) 525-00504. 15. 16. At the time of the incident described in the complaint, did the driver of the vehicle described in your answer to the preceding interrogatory have permission to drive the vehicle? If so, state the names and addresses of all persons who have such permission. At the time of the incident described in the complaint, was the tortfeasor driver engaged in any mission or activity for any other person or entity, including any employer? If so, state the name and address of that person or entity and the nature of the mission or activity. Was the motor vehicle that the tortfeasor driver was driving at the time of the incident described in the Complaint damaged in the incident and if so, what was the cost to repair the damage? Do you contend that the Plaintiff failed to complete or comply with any conditions precedent required for making uninsured/underinsured motorists claims or in filing this lawsuit? If so, list each such intended condition precedent and the specific language of any provision of any contract or statute or any document of any kind that you contend or believe creates any such condition precedent. 6 The Law Offices of Anidjar & Levine, P.A. 300 SE 17* Street, Fort Lauderdale, Florida 33316 (954) 525-005019. 20. Did you give Plaintiff consent or permission to settle any claim against the tortfeasor or insurer? If not, describe in detail why you did not do so. Without admitting liability, what is the maximum dollar amount of limits that you contend are available for the uninsured/underinsured motorist claim of Plaintiff for the collision described in the Complaint? Do you intend to use as a defense that the Plaintiff failed to use an available operational seatbelt? If so: (a) Identify by name and address every person known to Defendant and/or your attorneys who has any knowledge which forms the basis of your allegation that the Plaintiff failed to (i) wear the seatbelt; (ii) that the seatbelt was available; (iii) that the seatbelt was operational; (b) Does the Defendant have in its possession, custody and/or control any photographs, video tapes, or other tangible evidence which the Defendant may use at trial which support the allegations that the Plaintiff failed to utilize an available and/or a functioning seatbelt. If so: @) Identify the name and address of each and every custodian of any such photographs, video tapes, or other tangible evidence. 7 The Law Offices of Anidjar & Levine, P.A. 300 SE 17* Street, Fort Lauderdale, Florida 33316 (954) 525-0050(©) Do you contend that the Plaintiff’s failure to wear an available, operational seatbelt was unreasonable under the circumstances and that said failure to use was the proximate cause of Plaintiff's injuries? If so: @ State each and every fact known to the Defendant and/or its attorneys which supports your allegation(s) that the Plaintiff's failure to use the seatbelt under the circumstances of this accident was unreasonable. (ii) State each and every fact known or that you plan to rely on which forms the basis of your contention that Plaintiffs failure to wear an operation seatbelt was the proximate cause of the Plaintiff's injuries. 8 The Law Offices of Anidjar & Levine, P.A. 300 SE 17# Street, Fort Lauderdale, Florida 33316 (954) 525-0050JURAT PAGE J HEREBY swear or affirm that my answers contained in the attached response(s) to the interrogatories propounded by Plaintiff, including any attachments thereto, are true and accurate to the best of my knowledge. NAME: STATE OF FLORIDA ) )SS: COUNTY OF ) The foregoing instrument was acknowledged before me this___ day of 7 20. , by who is personally known to me or who has produced as identification and who did or did not take an oath. Print Name: Notary Public, State of Florida My Commission Expires: 9 The Law Offices of Anidjar & Levine, P.A. 300 SE 17% Street, Fort Lauderdale, Florida 33316 (954) 525-0050