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Filing # 175217205 E-Filed 06/13/2023 02:11:14 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH
JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE
COUNTY, FLORIDA
CASE NO: 23000568CA
SEAN CARROLL and FINNOULA
CARROLL,
Plaintiff,
RICHARD NORTON and UNITED
SERVICES AUTOMOBILE
ASSOCIATION,
Defendant.
PLAINTIFF’S REQUEST TO PRODUCE TO DEFENDANT USAA CASUALTY
INSURANCE COMPANY
COMES NOW the Plaintiff, SEAN CARROLL and FINNOULA CARROLL, by and
through the undersigned counsel and hereby requests Defendant USAA CASUALTY
INSURANCE COMPANY (hereinafter “”) produce for inspection or copying the documents set
forth below. Defendant shall produce these within forty-five (45) days after service of this
Request to Produce.
I. DEFINITIONS
A. As used throughout this Request to Produce, the following terms are defined as
follows:
B. "Document" is used in the broad sense and means any tangible object or thing that
contains, conveys, or records information. Production is required of the original, or any copy if
the original is not available, of any book, record, minutes of meetings, reports and/or summaries
of interviews, reports and/or summaries of investigations; opinions or reports of consultants;
opinions of counsel; communications of any nature, including internal company
communications, memoranda, telegrams, telexes, letters, notes of telephone conference
agreements, reports or summaries of negotiations, brochures, pamphlets, advertisements,
circulars, trade letters, press releases, drafts and revisions of drafts of documents, any written,
printed, typed or other graphic matter of any kind or nature, drawings, photographs, paper,
communication, chart, tap, disk, card, wire or other electronic or mechanical recording or
transcript or any other instrument or device from which information can be perceived, in the
employees or agents, or known by Plaintiff to exist, unless otherwise privileged.
C. "Document" also includes copies containing information in addition to that
contained on the original (such as notations, computations, attachments, etc.), and shall include
all copies of documents by whatever means made and whether or not claimed to be privileged or
otherwise excludable from discovery. To the extent that a request that a request calls for the
production of multiple identical documents or things, only one copy of each such identical
documents or things need be produced. Two copies are not identical if one of the copies has any
information, writing, printing, or other marks not present on the other of the copies.
D. If any tape, disk, card, wire, or other electronic or mechanical recording or
transcript or any computer program is produced, such documents as are necessity for the
decoding, putting back, printing out and/or interpretation thereof, and any other documents
which are necessity to convert such information into a useful and necessity to convert such
information into a useful and usable format shall also be produced, in order to make this request
under Rule 1.350 meaningful and genuine.
E. "Person" means any natural person, public or private corporation (whether or not
organized for profit), partnership, unincorporated association, governmental agency or body, or
other legal entity.
F. "Company" means any business or governmental entity to which this request is
addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest,
and predecessors as well as all of its directors, officers, principals, partners, employees, agents,
representatives, attorneys, any other persons working for or on behalf thereof, whether temporary
or permanent, and any "person" in which Plaintiff has acquired an interest.
G. "Statement" means (1) any written statement made any a person and signed or
otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other
recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement
made by that person and recorded contemporaneously with the making of such oral statement.
H. As may be used in these Request "and" is conjunctive (meaning, e.g., A and B);
and "or" is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be
withheld, or limited, because it refers or relates to only one, or to more than one, item in a
request.
I. As may be used in this Request to Produce, the terms "trademark" and "service
mark" shall be considered interchangeable, and the term "mark" shall be considered to refer to
any trademark, service mark, trade name, or business designation, or any other word, symbol,
design, logo, title, or slogan used to identify the source of origin of products or services.
References to 'products" or "goods" shall be considered to include services.
II. CLAIM OF PRIVILEGE
If any document or statement is withheld from this request under a claim of privilege,
then please furnish a list which identifies each document or statement for which privilege is
claimed and include the following information for each such document:
1. Description sufficient to identify.
2. The date(s).
3. The subject matter(s).
4. The sender(s) or author(s).
5. The recipient(s).
6. The persons to whom copies were furnished, together with their job titles.
7. The present depository or person having custody of the document.
8. The nature and basis of privilege or immunity claimed.
9. The paragraph(s) of this request to which each such document or
statement relates or corresponds.
III. GROUPING OR NUMBERING OF ITEMS PRODUCED
Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items
submitted in response to this Request to Produce be organized and labeled according to the
individual paragraphs of the request to which they are responsive, and within each group,
arranged in chronological order.
IV. PLACE, TIME, AND MANNER OF RESPONSE
A response to this Request to Produce is due within forty-five (45) days after service of
this Request to Produce and shall be made at the offices of Morgan & Morgan, P.A., 12800
University Drive Suite 600 Fort Myers FL 33906, or at such other place as the parties may agree.
Authentic copies of document may be supplied, provided that existing originals are available for
inspection, examination, and comparison.
DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS:
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 memorandums or the like regarding the handling of
uninsured/underinsured motorist claims, which were in effect during the past twelve (12)
months.
3. Defendant's latest claims manual on processing uninsured/underinsured motorist claims.
4. Defendant's most recent claims manual on processing and handling auto insurance claims
in general.
5. A copy of all of Defendant's standards for the proper investigation of claims, in effect at
any time during the past twelve (12) months.
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 past twelve (12) months, which set forth
procedures, comments, suggestions, guidelines, or criteria for handling, adjusting,
investigating, or settling uninsured/underinsured 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/underinsured 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 in effect during the past twelve (12) months, which set forth procedures,
comments, suggestions, guidelines, or criteria for handling, investigating, resolving, or
settling complaints from insureds or The Florida Department of Insurance regarding the
handling of claims.
10. Any and all information bulletins Defendant received from The Florida Department of
Insurance during the past twelve (12) months concerning the handling of
uninsured/underinsured motorist claims.
11. Any and all surveillance reports, claims history reports, or other investigative reports
Defendant or anyone acting on Defendant's behalf prepared or has possession of in regard
to Plaintiff.
12. All recorded, transcribed, or written statements, including notes or memoranda of same,
Defendant or anyone acting on Defendant's behalf took of Plaintiff relating to any issue
in this action.
13. All recorded, transcribed, or written statements, including notes or memoranda of same,
Defendant or anyone acting on Defendant's behalf took of any witness relating to any
issue in this action.
14. Any and all documents signed by Plaintiff or anyone on behalf of Plaintiff, including but
not limited to the PIP application, insurance affidavits, medical authorizations, or wage
loss forms.
15. Any and all surveillance films or photographs Defendant or anyone acting on Defendant's
behalf took or has possession of Plaintiff.
16. The entire Personal Injury Protection file, including an up-to-date PIP log and medical
payments payout sheet concerning the Plaintiff.
17. All bills, receipts, statements, papers, reports, instruments, or documents in Defendant’s
possession establishing or relating to all injuries, losses, or damages claimed by Plaintiff
to have been caused by this accident which is the subject matter of this lawsuit.
18. All medical records, films, diagnostics, scans, tests, and reports related to Plaintiff in
Defendant’s possession.
19. Any and all photographs Defendant or anyone acting on Defendant's behalf took showing
the extent of damage to any of the vehicles/bicycle involved in the accident.
20. Any and all photographs Defendant or anyone acting on Defendant's behalf took of the
scene of the accident at any time prior to the filing of suit.
21. Any and all estimates of repair or statements concerning the nature and extent of damage
to any of the vehicles/bicycle involved in the subject accident.
22. Any and all writings, memorandums, notes, or other materials reflecting Defendant's
examination of any of the vehicles/bicycle involved in the accident.
23. Any and all records reflecting the towing of any vehicles/bicycle involved in the accident
from the scene of the accident.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served upon
said Defendant, along with the Summons and Complaint
/s/James Moon Esq.
James Moon, Esquire
FBN: 184713
Morgan & Morgan Fort Myers PLLC
12800 University Drive Suite 600
Ft Myers, FL 33907
Telephone Phone: (239) 210-5355
Facsimile: (239) 204-4076
Primary email: jmoon@forthepeople.com
Secondary email:
julianarodriguez@forthepeople.com
Attorneys for Plaintiff
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Filing # 175217205 E-Filed 06/13/2023 02:11:14 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO: 23000568CA SEAN CARROLL and FINNOULA CARROLL, Plaintiff, RICHARD NORTON and UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. PLAINTIFF’S REQUEST TO PRODUCE TO DEFENDANT USAA CASUALTY INSURANCE COMPANY COMES NOW the Plaintiff, SEAN CARROLL and FINNOULA CARROLL, by and through the undersigned counsel and hereby requests Defendant USAA CASUALTY INSURANCE COMPANY (hereinafter “”) produce for inspection or copying the documents set forth below. Defendant shall produce these within forty-five (45) days after service of this Request to Produce. I. DEFINITIONS A. As used throughout this Request to Produce, the following terms are defined as follows: B. "Document" is used in the broad sense and means any tangible object or thing that contains, conveys, or records information. Production is required of the original, or any copy if the original is not available, of any book, record, minutes of meetings, reports and/or summaries of interviews, reports and/or summaries of investigations; opinions or reports of consultants; opinions of counsel; communications of any nature, including internal company communications, memoranda, telegrams, telexes, letters, notes of telephone conference agreements, reports or summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts and revisions of drafts of documents, any written, printed, typed or other graphic matter of any kind or nature, drawings, photographs, paper, communication, chart, tap, disk, card, wire or other electronic or mechanical recording or transcript or any other instrument or device from which information can be perceived, in the employees or agents, or known by Plaintiff to exist, unless otherwise privileged. C. "Document" also includes copies containing information in addition to that contained on the original (such as notations, computations, attachments, etc.), and shall include all copies of documents by whatever means made and whether or not claimed to be privileged or otherwise excludable from discovery. To the extent that a request that a request calls for the production of multiple identical documents or things, only one copy of each such identical documents or things need be produced. Two copies are not identical if one of the copies has any information, writing, printing, or other marks not present on the other of the copies. D. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, such documents as are necessity for the decoding, putting back, printing out and/or interpretation thereof, and any other documents which are necessity to convert such information into a useful and necessity to convert such information into a useful and usable format shall also be produced, in order to make this request under Rule 1.350 meaningful and genuine. E. "Person" means any natural person, public or private corporation (whether or not organized for profit), partnership, unincorporated association, governmental agency or body, or other legal entity. F. "Company" means any business or governmental entity to which this request is addressed and includes all of its affiliated, subsidiaries, parents, divisions, successors in interest, and predecessors as well as all of its directors, officers, principals, partners, employees, agents, representatives, attorneys, any other persons working for or on behalf thereof, whether temporary or permanent, and any "person" in which Plaintiff has acquired an interest. G. "Statement" means (1) any written statement made any a person and signed or otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by that person and recorded contemporaneously with the making of such oral statement. H. As may be used in these Request "and" is conjunctive (meaning, e.g., A and B); and "or" is disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should be withheld, or limited, because it refers or relates to only one, or to more than one, item in a request. I. As may be used in this Request to Produce, the terms "trademark" and "service mark" shall be considered interchangeable, and the term "mark" shall be considered to refer to any trademark, service mark, trade name, or business designation, or any other word, symbol, design, logo, title, or slogan used to identify the source of origin of products or services. References to 'products" or "goods" shall be considered to include services. II. CLAIM OF PRIVILEGE If any document or statement is withheld from this request under a claim of privilege, then please furnish a list which identifies each document or statement for which privilege is claimed and include the following information for each such document: 1. Description sufficient to identify. 2. The date(s). 3. The subject matter(s). 4. The sender(s) or author(s). 5. The recipient(s). 6. The persons to whom copies were furnished, together with their job titles. 7. The present depository or person having custody of the document. 8. The nature and basis of privilege or immunity claimed. 9. The paragraph(s) of this request to which each such document or statement relates or corresponds. III. GROUPING OR NUMBERING OF ITEMS PRODUCED Pursuant to Fla. R. Civ. P. 1.350, it is requested that the document or other items submitted in response to this Request to Produce be organized and labeled according to the individual paragraphs of the request to which they are responsive, and within each group, arranged in chronological order. IV. PLACE, TIME, AND MANNER OF RESPONSE A response to this Request to Produce is due within forty-five (45) days after service of this Request to Produce and shall be made at the offices of Morgan & Morgan, P.A., 12800 University Drive Suite 600 Fort Myers FL 33906, or at such other place as the parties may agree. Authentic copies of document may be supplied, provided that existing originals are available for inspection, examination, and comparison. DEFENDANT SHALL PRODUCE THE FOLLOWING ITEMS AND MATTERS: 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 memorandums or the like regarding the handling of uninsured/underinsured motorist claims, which were in effect during the past twelve (12) months. 3. Defendant's latest claims manual on processing uninsured/underinsured motorist claims. 4. Defendant's most recent claims manual on processing and handling auto insurance claims in general. 5. A copy of all of Defendant's standards for the proper investigation of claims, in effect at any time during the past twelve (12) months. 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 past twelve (12) months, which set forth procedures, comments, suggestions, guidelines, or criteria for handling, adjusting, investigating, or settling uninsured/underinsured 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/underinsured 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 in effect during the past twelve (12) months, which set forth procedures, comments, suggestions, guidelines, or criteria for handling, investigating, resolving, or settling complaints from insureds or The Florida Department of Insurance regarding the handling of claims. 10. Any and all information bulletins Defendant received from The Florida Department of Insurance during the past twelve (12) months concerning the handling of uninsured/underinsured motorist claims. 11. Any and all surveillance reports, claims history reports, or other investigative reports Defendant or anyone acting on Defendant's behalf prepared or has possession of in regard to Plaintiff. 12. All recorded, transcribed, or written statements, including notes or memoranda of same, Defendant or anyone acting on Defendant's behalf took of Plaintiff relating to any issue in this action. 13. All recorded, transcribed, or written statements, including notes or memoranda of same, Defendant or anyone acting on Defendant's behalf took of any witness relating to any issue in this action. 14. Any and all documents signed by Plaintiff or anyone on behalf of Plaintiff, including but not limited to the PIP application, insurance affidavits, medical authorizations, or wage loss forms. 15. Any and all surveillance films or photographs Defendant or anyone acting on Defendant's behalf took or has possession of Plaintiff. 16. The entire Personal Injury Protection file, including an up-to-date PIP log and medical payments payout sheet concerning the Plaintiff. 17. All bills, receipts, statements, papers, reports, instruments, or documents in Defendant’s possession establishing or relating to all injuries, losses, or damages claimed by Plaintiff to have been caused by this accident which is the subject matter of this lawsuit. 18. All medical records, films, diagnostics, scans, tests, and reports related to Plaintiff in Defendant’s possession. 19. Any and all photographs Defendant or anyone acting on Defendant's behalf took showing the extent of damage to any of the vehicles/bicycle involved in the accident. 20. Any and all photographs Defendant or anyone acting on Defendant's behalf took of the scene of the accident at any time prior to the filing of suit. 21. Any and all estimates of repair or statements concerning the nature and extent of damage to any of the vehicles/bicycle involved in the subject accident. 22. Any and all writings, memorandums, notes, or other materials reflecting Defendant's examination of any of the vehicles/bicycle involved in the accident. 23. Any and all records reflecting the towing of any vehicles/bicycle involved in the accident from the scene of the accident. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served upon said Defendant, along with the Summons and Complaint /s/James Moon Esq. James Moon, Esquire FBN: 184713 Morgan & Morgan Fort Myers PLLC 12800 University Drive Suite 600 Ft Myers, FL 33907 Telephone Phone: (239) 210-5355 Facsimile: (239) 204-4076 Primary email: jmoon@forthepeople.com Secondary email: julianarodriguez@forthepeople.com Attorneys for Plaintiff