Preview
Filing # 139345712 E-Filed 11/30/2021 01:01:30 PM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
COUNTY CIVIL DIVISION
GLASSCO, INC., AS ASSIGNEE OF, ORLANDO QUINONES-ORTIZ ,
CASE NO.: 21-CC-032339
Division: L
Plaintiff,
vs.
PROGRESSIVE AMERICAN INSURANCE COMPANY,
Defendant.
/
PLAINTIFF’S SUPPLEMENTAL REQUEST FOR PRODUCTION RE: SAFELITE
CONTRACTS/ AGREEMENTS
COMES NOW, the Plaintiff, by and through the undersigned counsel, and pursuant to Rule
1.350, Fla. R. Civ. P., requests Defendant, to produce for inspection and/or copying the following
documents or copies thereof at the office of the undersigned within thirty (30) days as provided by
said Rule:
FOR EACH COUNT/CLAIM IDENTIFIED WITHIN THE SUBJECT COMPLAINT,
PLEASE PRODUCE THE FOLLOWING:
1. A copy of any and all contracts or agreements between Defendant and any third party
administrator related to windshield claims that are in effect, or were in effect at the time
of the subject claim.
2. A copy of any and all contracts or agreements between Defendant and Safelite
Solutions, LLC that are in effect, or were in effect at the time of the subject claim.
3. A copy of any and all contracts or agreements between Defendant and Safelite
AutoGlass and/or Safelite Solutions that are in effect or were in effect at the time of the
subject claim.
4. A copy of any and all contracts or agreements between Defendant and Safelite Auto
Glass Group, Inc., that are in effect, or were in effect at the time of the subject claim.
11/30/2021 1:01 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
5. A copy of any and all documents, including but not limited to price lists, identifying
the amount to be paid for the subject claim, exchanged between Defendant and Safelite
Solutions, LLC.
6. A copy of any and all documents, including but not limited to price lists, identifying
the amount to be paid for windshield replacement services performed by third party
facilities and/or non-network windshield replacement facilities that are in effect or were
in effect at the time of the subject claim.
7. A copy of any and all documents identifying how Defendant determined the prevailing
competitive price for the subject windshield replacement service.
8. A copy of any and all documents, including but not limited to price lists, identifying
the prevailing competitive price that are in effect or were in effect at the time of the
subject claim.
9. A copy of any and all documents, including but not limited to price lists, identifying
the data and/or information considered to determine the “cost of repair or replacement
parts and equipment” as reasonably determined by Defendant, that are in effect or were
in effect at the time of the subject claim.
10. All communications between the Defendant (or anyone acting on its behalf) and any
third party, including but not limited to, Safelite Solutions, LLC, SGC Network or any
of its affiliates, relating to the repair or replacement of the claim at issue.
11. All records related to the determination made by the Defendant (or anyone acting on
Defendant’s behalf) regarding the amount paid to Plaintiff for the windshield glass
replacement service at issue.
12. Copies of any pricing agreements or contracts entered into by the Defendant, on its own
behalf and on behalf of its property and casualty insurance company affiliates and any
glass repair or replacement facility wherein the Defendant has agreed to reimburse
glass claims at an amount over and above what the Defendant has determined to be the
prevailing competitive price.
13. Please produce a copy of all pricing agreements entered into by Defendant, (or any of
Defendant’s affiliate or subsidiary Companies), and all third party facilities, and/or
independent, non-network windshield replacement facilities between January 1, 2012,
through the date that this supplemental request to produce was filed.
14. Please produce a copy of all data supporting how Defendant set its pricing.
15. Please produce a copy of all documents identifying the data, information,
considerations, elements, etc. including in Defendant’s determination of “the amount
necessary” to repair windshield replacement claims performed by non-network
windshield replacement facilities.
11/30/2021 1:01 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
16. All payments made by Defendant (or anyone acting on its behalf) to any third party,
including but not limited to, Safelite Solutions, LLC, SGC Network or any of its
affiliates relating to the repair or replacement of the windshield glass claim at issue.
17. Please provide a copy of all inspection reports for windshield loss claims remediated
by all non-affiliate shops for three years before the subject claim, through present day.
18. Please provide a copy of all inspection reports for windshield loss claims remediated
by all affiliate shops for three years before the subject claim, through present day.
19. Please provide a copy of all inspection reports for windshield loss claims remediated
by all Safelite shops for three years before the subject claim, through present day.
20. Please provide a copy of all inspection requests for windshield loss claims remediated
by all non-affiliate shops for three years before the subject claim, through present day.
21. Please provide a copy of all inspection requests for windshield loss claims remediated
by all affiliate shops for three years before the subject claim, through present day.
22. Please provide a copy of all inspection requests for windshield loss claims remediated
by all Safelite shops for three years before the subject claim, through present day.
23. Please provide a copy of all inspection assignments sent to AGIS from the Defendant
for windshield loss claims remediated by all non-affiliate shops for three years before
the subject claim, through present day.
24. Please provide a copy of all inspection assignments sent to AGIS from the Defendant
for windshield loss claims remediated by all affiliate shops for three years before the
subject claim, through present day.
25. Please provide a copy of all inspection assignments sent to AGIS from the Defendant
for windshield loss claims remediated by all Safelite shops for three years before the
subject claim, through present day.
26. Please provide a copy of all Inspection Notification Letters sent from the Defendant to
Safelite Shops for windshield losses.
27. Please provide a copy of all appraisal demands made for windshield loss claims
remediated by all non-affiliate shops for three years before the subject claim, through
present day.
28. Please provide a copy of all appraisal demands made for windshield loss claims
remediated by all affiliate shops for three years before the subject claim, through
present day.
11/30/2021 1:01 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
29. Please provide a copy of all appraisal demands made for windshield loss claims
remediated by all Safelite shops for three years before the subject claim, through
present day.
30. Please provide a copy of all pre-repair notices for claims wherein Safelite used the
claim reporting functionality on Defendant’s website, mobile app, or phone, for
windshield loss claims remediated by all Safelite shops for three years before the
subject claim, through present day.
31. Please provide a copy of all pre-repair notices for claims wherein network affiliate
shops used the claim reporting functionality on Defendant’s website, mobile app, or
phone, for windshield loss claims remediated by all network affiliate shops for three
years before the subject claim, through present day.
32. A “privilege log” setting forth all information required by Rule 1.280 of the Florida
Rules of Civil Procedure concerning all documents, materials, and/or items requested
above to which Defendant objects or denies production.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof was electronically filed and
served using the Florida Courts E-Filing Portal on counsel for Defendant on the date filed with the
Florida Courts E-Filing Portal.
Respectfully submitted,
/s/MNK
CHRISTOPHER P. CALKIN, ESQ.
Florida Bar No. 148751
MIKE N. KOULIANOS, ESQ.
Florida Bar No. 105298
THE LAW OFFICES OF
CHRISTOPHER P. CALKIN, P.A.
808 W. DeLeon Street
Tampa, FL 33606
(813) 258-5008
Designated Service E-mail:
Service@cpcalkin.com
Counsel for Plaintiff
11/30/2021 1:01 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
Preview
Filing # 139345712 E-Filed 11/30/2021 01:01:30 PM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA COUNTY CIVIL DIVISION GLASSCO, INC., AS ASSIGNEE OF, ORLANDO QUINONES-ORTIZ , CASE NO.: 21-CC-032339 Division: L Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. / PLAINTIFF’S SUPPLEMENTAL REQUEST FOR PRODUCTION RE: SAFELITE CONTRACTS/ AGREEMENTS COMES NOW, the Plaintiff, by and through the undersigned counsel, and pursuant to Rule 1.350, Fla. R. Civ. P., requests Defendant, to produce for inspection and/or copying the following documents or copies thereof at the office of the undersigned within thirty (30) days as provided by said Rule: FOR EACH COUNT/CLAIM IDENTIFIED WITHIN THE SUBJECT COMPLAINT, PLEASE PRODUCE THE FOLLOWING: 1. A copy of any and all contracts or agreements between Defendant and any third party administrator related to windshield claims that are in effect, or were in effect at the time of the subject claim. 2. A copy of any and all contracts or agreements between Defendant and Safelite Solutions, LLC that are in effect, or were in effect at the time of the subject claim. 3. A copy of any and all contracts or agreements between Defendant and Safelite AutoGlass and/or Safelite Solutions that are in effect or were in effect at the time of the subject claim. 4. A copy of any and all contracts or agreements between Defendant and Safelite Auto Glass Group, Inc., that are in effect, or were in effect at the time of the subject claim. 11/30/2021 1:01 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 5. A copy of any and all documents, including but not limited to price lists, identifying the amount to be paid for the subject claim, exchanged between Defendant and Safelite Solutions, LLC. 6. A copy of any and all documents, including but not limited to price lists, identifying the amount to be paid for windshield replacement services performed by third party facilities and/or non-network windshield replacement facilities that are in effect or were in effect at the time of the subject claim. 7. A copy of any and all documents identifying how Defendant determined the prevailing competitive price for the subject windshield replacement service. 8. A copy of any and all documents, including but not limited to price lists, identifying the prevailing competitive price that are in effect or were in effect at the time of the subject claim. 9. A copy of any and all documents, including but not limited to price lists, identifying the data and/or information considered to determine the “cost of repair or replacement parts and equipment” as reasonably determined by Defendant, that are in effect or were in effect at the time of the subject claim. 10. All communications between the Defendant (or anyone acting on its behalf) and any third party, including but not limited to, Safelite Solutions, LLC, SGC Network or any of its affiliates, relating to the repair or replacement of the claim at issue. 11. All records related to the determination made by the Defendant (or anyone acting on Defendant’s behalf) regarding the amount paid to Plaintiff for the windshield glass replacement service at issue. 12. Copies of any pricing agreements or contracts entered into by the Defendant, on its own behalf and on behalf of its property and casualty insurance company affiliates and any glass repair or replacement facility wherein the Defendant has agreed to reimburse glass claims at an amount over and above what the Defendant has determined to be the prevailing competitive price. 13. Please produce a copy of all pricing agreements entered into by Defendant, (or any of Defendant’s affiliate or subsidiary Companies), and all third party facilities, and/or independent, non-network windshield replacement facilities between January 1, 2012, through the date that this supplemental request to produce was filed. 14. Please produce a copy of all data supporting how Defendant set its pricing. 15. Please produce a copy of all documents identifying the data, information, considerations, elements, etc. including in Defendant’s determination of “the amount necessary” to repair windshield replacement claims performed by non-network windshield replacement facilities. 11/30/2021 1:01 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 16. All payments made by Defendant (or anyone acting on its behalf) to any third party, including but not limited to, Safelite Solutions, LLC, SGC Network or any of its affiliates relating to the repair or replacement of the windshield glass claim at issue. 17. Please provide a copy of all inspection reports for windshield loss claims remediated by all non-affiliate shops for three years before the subject claim, through present day. 18. Please provide a copy of all inspection reports for windshield loss claims remediated by all affiliate shops for three years before the subject claim, through present day. 19. Please provide a copy of all inspection reports for windshield loss claims remediated by all Safelite shops for three years before the subject claim, through present day. 20. Please provide a copy of all inspection requests for windshield loss claims remediated by all non-affiliate shops for three years before the subject claim, through present day. 21. Please provide a copy of all inspection requests for windshield loss claims remediated by all affiliate shops for three years before the subject claim, through present day. 22. Please provide a copy of all inspection requests for windshield loss claims remediated by all Safelite shops for three years before the subject claim, through present day. 23. Please provide a copy of all inspection assignments sent to AGIS from the Defendant for windshield loss claims remediated by all non-affiliate shops for three years before the subject claim, through present day. 24. Please provide a copy of all inspection assignments sent to AGIS from the Defendant for windshield loss claims remediated by all affiliate shops for three years before the subject claim, through present day. 25. Please provide a copy of all inspection assignments sent to AGIS from the Defendant for windshield loss claims remediated by all Safelite shops for three years before the subject claim, through present day. 26. Please provide a copy of all Inspection Notification Letters sent from the Defendant to Safelite Shops for windshield losses. 27. Please provide a copy of all appraisal demands made for windshield loss claims remediated by all non-affiliate shops for three years before the subject claim, through present day. 28. Please provide a copy of all appraisal demands made for windshield loss claims remediated by all affiliate shops for three years before the subject claim, through present day. 11/30/2021 1:01 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 29. Please provide a copy of all appraisal demands made for windshield loss claims remediated by all Safelite shops for three years before the subject claim, through present day. 30. Please provide a copy of all pre-repair notices for claims wherein Safelite used the claim reporting functionality on Defendant’s website, mobile app, or phone, for windshield loss claims remediated by all Safelite shops for three years before the subject claim, through present day. 31. Please provide a copy of all pre-repair notices for claims wherein network affiliate shops used the claim reporting functionality on Defendant’s website, mobile app, or phone, for windshield loss claims remediated by all network affiliate shops for three years before the subject claim, through present day. 32. A “privilege log” setting forth all information required by Rule 1.280 of the Florida Rules of Civil Procedure concerning all documents, materials, and/or items requested above to which Defendant objects or denies production. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy hereof was electronically filed and served using the Florida Courts E-Filing Portal on counsel for Defendant on the date filed with the Florida Courts E-Filing Portal. Respectfully submitted, /s/MNK CHRISTOPHER P. CALKIN, ESQ. Florida Bar No. 148751 MIKE N. KOULIANOS, ESQ. Florida Bar No. 105298 THE LAW OFFICES OF CHRISTOPHER P. CALKIN, P.A. 808 W. DeLeon Street Tampa, FL 33606 (813) 258-5008 Designated Service E-mail: Service@cpcalkin.com Counsel for Plaintiff 11/30/2021 1:01 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4