Preview
Filing # 180745406 E-Filed 08/29/2023 01:14:04 PM
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND
FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23-CA-000551
STEPHANIE STABRYLLA,
Plaintiff,
vs.
ELIZABETH WHITKOPF and SAFECO INSURANCE
COMPANY OF ILLINOIS,
Defendants.
/
DEFENDANT, SAFECO INSURANCE COMPANY OF ILLINOIS’ RESPONSE TO
PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS
Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, by and through the
undersigned attorneys and in accordance with Florida Rules of Civil Procedure 1.350, hereby
files this Response to Request for Production and states as follows:
1 All photographs, slides, movie film, video tape and/or any other documents
depicting the conditions, or damage to, the uninsured/underinsured motorist's vehicle as a result
of the motor vehicle incident which is the subject matter of this action.
RESPONSE: Attached.
2. All photographs, slides, movie film, video tape and/or any other documents
depicting the condition, or damage to, the Plaintiffs vehicle as a result of the motor vehicle
incident which is the subject matter of this action.
RESPONSE: See response to production request #1 above.
3 Repair estimates and repair bills, including paid and unpaid bills and/or any other
document reflecting damage to alleged uninsured motorist's. vehicle sustained as a result of this
incident which is the subject matter of this action.
RESPONSE: None.
Case No.: 23-CA-000551
Stabrylla, Stephanie v. Whitkopf, Elizabeth, et al.
Defendant’s Response to Request for Production
Page 1 of 4
4 All photographs, slides, movie film, video tape and/or any other document
depicting the scene of the motor vehicle incident which is the subject matter of this action.
RESPONSE: None.
5 A copy of any and all statements by any party and/or witness as defined in the
Florida Rules of Civil Procedures concerning this action or the subject matter of this action
previously made by the Plaintiff.
RESPONSE: Attached.
6. Copies of all documentation supporting defendant's refusal to pay damages to
Plaintiff, Stephanie Nicole Stabrylla under Stephanie Nicole Stabrylla's uninsured/underinsured
coverage, which has been made the basis of the action.
RESPONSE: Not applicable.
7 Any and all surveillance films, photographs or digital media taken by you or
anyone on your behalf, of the Plaintiff.
RESPONSE: None.
8 Any and all statements taken by the defendant or its representatives of any
witnesses with regard to any fact relevant to any fact in this action.
RESPONSE: Plaintiff’s initial call to Safeco was recorded and a transcript has been
requested and will be supplemented upon receipt. No other statement by the plaintiff other
than what was verbally reported on the date of loss and that which may be contained in her
medical records.
9. A copy of the declaration pages providing liability coverage to the alleged in
insured/underinsured motorist for the incident which is the subject matter of this action.
RESPONSE: See response to production request #10 & #17 below.
10. Any and all insurance agreements or policies inuring to Stephanie Nicole
Stabrylla which may be liable to satisfy part or all of a judgment that may be rendered in this
action or to indemnify or reimburse for payments made to satisfy the judgment, including, but
not limited to, any liability insurance policy covering defendant.
RESPONSE: Attached.
Case No.: 23-CA-000551
Stabrylla, Stephanie v. Whitkopf, Elizabeth, et al.
Defendant’s Response to Request for Production
Page 2 of 4
11. Repair estimates and repair bills including paid and unpaid bills and/or any other
documents reflecting damages to the Plaintiffs vehicle allegedly sustained as a result of this
incident which is the subject of this action.
RESPONSE: Attached.
12. Documents that refer or relate to any prior personal injury claims or incidents
involving Plaintiff.
RESPONSE: None.
13. Any documents that refer to, or reflect any injury to the same area of the body for
which Plaintiff is seeking damages in this action which was sustained prior or subsequent to the
incident that is the subject of this action.
RESPONSE: None. Discovery is just beginning and Defendant has yet to determine
all facts and circumstances regarding the motor vehicle accident at issue.
14. Please provide a copy of all prior claim forms, accident or incident reports,
lawsuit papers, health care records, Autotrax reports, ISOs, claim history detail reports or any
other documents that evidence any personal injury sustained by Plaintiff prior or subsequent to
the incident that is the subject of this action.
RESPONSE: None.
15. A copy of the declaration pages providing uninsured motorist coverage to the
Plaintiff for the incident described in the Complaint.
RESPONSE: See response to production request #10 above and #17 below.
16. Any and all documents in your possession or control which establish, suggest, or
otherwise support your position that Plaintiff did not sustain a permanent injury as a result of the
incident which gives rise to this lawsuit.
RESPONSE: Discovery is just beginning and Defendant has yet to determine all
facts and circumstances regarding the motor vehicle accident at issue. See generally
documents produced herein.
17. A ledger itemizing all premiums paid by the Plaintiff to SAFECO INSURANCE
COMPANY OF ILLINOIS to secure all insurance benefits sought herein, including PIP, Med
Pay and UM coverages.
RESPONSE: See attached declaration page.
Case No.: 23-CA-000551
Stabrylla, Stephanie v. Whitkopf, Elizabeth, et al.
Defendant’s Response to Request for Production
Page 3 of 4
18. If the subject claim involves non-stacked UM coverage, please provide the
statutory revised premium rates applicable to this coverage.
RESPONSE: See policy and declaration pages produced in response production
request #10 and #17 above; otherwise, none.
19. Any and all forms signed by the Plaintiff (or Plaintiffs family members) as to the
rejection of the uninsured/underinsured motorist coverage, or as to the rejection of stacking
uninsured/underinsured motorist coverage.
RESPONSE: None.
CERTIFICATE OF SERVICE
I certify that the foregoing document has been furnished by email on this 29th day of
August, 2023 to Derrick Isaac, Esquire, Morgan & Morgan, Frank DiPlacido
fdiplacido@forthepeople.com, acoffey@forthepeople.com.
LAW OFFICE OF IGNACIO M. SARMIENTO
PO Box 7217
London, KY 40742
Telephone: 305-670-9339
Attorney for Defendant, Safeco Insurance Company Of Illinois
oh
Laura W. Johnson, Esq., FBN 113572
Primary E-mail (eservice only): FortMyersLegalMail@libertymutual.com
Secondary E-mail: Laura.Johnson02@Libertymutual.com
Case No.: 23-CA-000551
Stabrylla, Stephanie v. Whitkopf, Elizabeth, et al.
Defendant’s Response to Request for Production
Page 4 of 4
Preview
Filing # 180745406 E-Filed 08/29/2023 01:14:04 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23-CA-000551 STEPHANIE STABRYLLA, Plaintiff, vs. ELIZABETH WHITKOPF and SAFECO INSURANCE COMPANY OF ILLINOIS, Defendants. / DEFENDANT, SAFECO INSURANCE COMPANY OF ILLINOIS’ RESPONSE TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, by and through the undersigned attorneys and in accordance with Florida Rules of Civil Procedure 1.350, hereby files this Response to Request for Production and states as follows: 1 All photographs, slides, movie film, video tape and/or any other documents depicting the conditions, or damage to, the uninsured/underinsured motorist's vehicle as a result of the motor vehicle incident which is the subject matter of this action. RESPONSE: Attached. 2. All photographs, slides, movie film, video tape and/or any other documents depicting the condition, or damage to, the Plaintiffs vehicle as a result of the motor vehicle incident which is the subject matter of this action. RESPONSE: See response to production request #1 above. 3 Repair estimates and repair bills, including paid and unpaid bills and/or any other document reflecting damage to alleged uninsured motorist's. vehicle sustained as a result of this incident which is the subject matter of this action. RESPONSE: None. Case No.: 23-CA-000551 Stabrylla, Stephanie v. Whitkopf, Elizabeth, et al. Defendant’s Response to Request for Production Page 1 of 4 4 All photographs, slides, movie film, video tape and/or any other document depicting the scene of the motor vehicle incident which is the subject matter of this action. RESPONSE: None. 5 A copy of any and all statements by any party and/or witness as defined in the Florida Rules of Civil Procedures concerning this action or the subject matter of this action previously made by the Plaintiff. RESPONSE: Attached. 6. Copies of all documentation supporting defendant's refusal to pay damages to Plaintiff, Stephanie Nicole Stabrylla under Stephanie Nicole Stabrylla's uninsured/underinsured coverage, which has been made the basis of the action. RESPONSE: Not applicable. 7 Any and all surveillance films, photographs or digital media taken by you or anyone on your behalf, of the Plaintiff. RESPONSE: None. 8 Any and all statements taken by the defendant or its representatives of any witnesses with regard to any fact relevant to any fact in this action. RESPONSE: Plaintiff’s initial call to Safeco was recorded and a transcript has been requested and will be supplemented upon receipt. No other statement by the plaintiff other than what was verbally reported on the date of loss and that which may be contained in her medical records. 9. A copy of the declaration pages providing liability coverage to the alleged in insured/underinsured motorist for the incident which is the subject matter of this action. RESPONSE: See response to production request #10 & #17 below. 10. Any and all insurance agreements or policies inuring to Stephanie Nicole Stabrylla which may be liable to satisfy part or all of a judgment that may be rendered in this action or to indemnify or reimburse for payments made to satisfy the judgment, including, but not limited to, any liability insurance policy covering defendant. RESPONSE: Attached. Case No.: 23-CA-000551 Stabrylla, Stephanie v. Whitkopf, Elizabeth, et al. Defendant’s Response to Request for Production Page 2 of 4 11. Repair estimates and repair bills including paid and unpaid bills and/or any other documents reflecting damages to the Plaintiffs vehicle allegedly sustained as a result of this incident which is the subject of this action. RESPONSE: Attached. 12. Documents that refer or relate to any prior personal injury claims or incidents involving Plaintiff. RESPONSE: None. 13. Any documents that refer to, or reflect any injury to the same area of the body for which Plaintiff is seeking damages in this action which was sustained prior or subsequent to the incident that is the subject of this action. RESPONSE: None. Discovery is just beginning and Defendant has yet to determine all facts and circumstances regarding the motor vehicle accident at issue. 14. Please provide a copy of all prior claim forms, accident or incident reports, lawsuit papers, health care records, Autotrax reports, ISOs, claim history detail reports or any other documents that evidence any personal injury sustained by Plaintiff prior or subsequent to the incident that is the subject of this action. RESPONSE: None. 15. A copy of the declaration pages providing uninsured motorist coverage to the Plaintiff for the incident described in the Complaint. RESPONSE: See response to production request #10 above and #17 below. 16. Any and all documents in your possession or control which establish, suggest, or otherwise support your position that Plaintiff did not sustain a permanent injury as a result of the incident which gives rise to this lawsuit. RESPONSE: Discovery is just beginning and Defendant has yet to determine all facts and circumstances regarding the motor vehicle accident at issue. See generally documents produced herein. 17. A ledger itemizing all premiums paid by the Plaintiff to SAFECO INSURANCE COMPANY OF ILLINOIS to secure all insurance benefits sought herein, including PIP, Med Pay and UM coverages. RESPONSE: See attached declaration page. Case No.: 23-CA-000551 Stabrylla, Stephanie v. Whitkopf, Elizabeth, et al. Defendant’s Response to Request for Production Page 3 of 4 18. If the subject claim involves non-stacked UM coverage, please provide the statutory revised premium rates applicable to this coverage. RESPONSE: See policy and declaration pages produced in response production request #10 and #17 above; otherwise, none. 19. Any and all forms signed by the Plaintiff (or Plaintiffs family members) as to the rejection of the uninsured/underinsured motorist coverage, or as to the rejection of stacking uninsured/underinsured motorist coverage. RESPONSE: None. CERTIFICATE OF SERVICE I certify that the foregoing document has been furnished by email on this 29th day of August, 2023 to Derrick Isaac, Esquire, Morgan & Morgan, Frank DiPlacido fdiplacido@forthepeople.com, acoffey@forthepeople.com. LAW OFFICE OF IGNACIO M. SARMIENTO PO Box 7217 London, KY 40742 Telephone: 305-670-9339 Attorney for Defendant, Safeco Insurance Company Of Illinois oh Laura W. Johnson, Esq., FBN 113572 Primary E-mail (eservice only): FortMyersLegalMail@libertymutual.com Secondary E-mail: Laura.Johnson02@Libertymutual.com Case No.: 23-CA-000551 Stabrylla, Stephanie v. Whitkopf, Elizabeth, et al. Defendant’s Response to Request for Production Page 4 of 4