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FILED: KINGS COUNTY CLERK 07/03/2023 01:14 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------X
HUSSEIN BADR, Index No.: 515722/2023
Plaintiff,
-against- DEMAND FOR CONTENTS OF
INSURANCE AGREEMENTS
JEAN BOULOUTE, ADT SECURITY SERVICES
INC., and GELCO FLEET TRUST,
Defendant(s).
--------------------------------------------------------------X
PLEASE TAKE NOTICE that pursuant to § 3101(f) of the CPLR, no later than ninety
(90) days after service of an answer pursuant to CPLR §§ 320, 3011, or 3019, the defendant(s) shall
provide to the plaintiff, and any other party in the action, proof of the existence and contents of any
insurance agreement in the form of the insurance policy in place at the time of the loss, under which
any person or entity may be liable to satisfy part or all of a judgment that may be entered in this action
or to indemnify or reimburse for payments made to satisfy the entry of final judgment. Information
and documentation, as evidenced in the form of a copy of the insurance policy in place at the time of
the loss, shall include:
1. All primary, excess, and umbrella policies, contracts or agreements issued by private or
publicly-traded stock companies, mutual insurance companies, captive insurance entities, risk
retention groups, reciprocal insurance exchanges, syndicates, including, but not limited to,
Lloyd’s Underwriters as defined in § 6116 of the Insurance Law, surplus lines insurers, and
self-insurance programs insofar as such documents relate to the claim being litigated;
2. If the insurance policy in place is provided, a complete copy of any policy, contract, or
agreement under which any person or entity may be liable to satisfy part or all of a judgment
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FILED: KINGS COUNTY CLERK 07/03/2023 01:14 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/03/2023
that may be entered in this action or to indemnify or reimburse for payments made to satisfy
the entry of final judgment as referred to in this demand, including, but not limited to,
declarations, insuring agreements, conditions, exclusions, endorsements, and similar
provisions;
3. The contact information, including the name and e-mail address, of an assigned individual
responsible for adjusting the claim at issue; and
4. The total limits available under any policy, contract, or agreement, which shall mean the actual
funds, after taking into account erosion and any other offsets, that can be used to satisfy a
judgment described in this demand or to reimburse for payments made to satisfy the judgment.
TAKE NOTICE: For purposes of this demand, an application for insurance shall not be
treated as part of an insurance agreement.
TAKE FURTHER NOTICE: You must make reasonable efforts to ensure that the
information provided pursuant to this demand, as well as pursuant to CPLR § 3101(f), remains
accurate and complete, and provide updated information to any party to whom this information has
been provided at the filing of the note of issue, when entering into any formal settlement negotiations
conducted or supervised by the court, at a voluntary mediation, and when the case is called for trial,
and for sixty days after any settlement or entry of final judgment in the case, inclusive of all appeals.
TAKE FURTHER NOTICE: Pursuant to CPLR § 3122-b, the information provided
pursuant to this demand shall be accompanied by a certification by each defendant and by a
certification by any attorney appearing for the defendant(s), sworn in the form of an affidavit or
affirmation where appropriate, stating that the information is accurate and complete, and that
reasonable efforts have been undertaken and will be undertaken, to ensure that this information
remains accurate and complete.
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FILED: KINGS COUNTY CLERK 07/03/2023 01:14 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/03/2023
Dated: New York, New York
July 3, 2023
Yours, etc.,
ELEFTERAKIS, ELEFTERAKIS & PANEK
Nicholas Elefterakis, Esq.
Attorneys for Plaintiff(s)
80 Pine Street, 38th Floor
New York, New York 10005
To:
GOLDBERG SEGALLA LLP
Attorneys for Defendants
JEAN BOULOUTE, ADT SECURITY SERVICES INC., and GELCO FLEET TRUST
711 3rd Avenue, Suite 1900
New York, NY 10017-4013
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Preview
FILED: KINGS COUNTY CLERK 07/03/2023 01:14 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------X HUSSEIN BADR, Index No.: 515722/2023 Plaintiff, -against- DEMAND FOR CONTENTS OF INSURANCE AGREEMENTS JEAN BOULOUTE, ADT SECURITY SERVICES INC., and GELCO FLEET TRUST, Defendant(s). --------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to § 3101(f) of the CPLR, no later than ninety (90) days after service of an answer pursuant to CPLR §§ 320, 3011, or 3019, the defendant(s) shall provide to the plaintiff, and any other party in the action, proof of the existence and contents of any insurance agreement in the form of the insurance policy in place at the time of the loss, under which any person or entity may be liable to satisfy part or all of a judgment that may be entered in this action or to indemnify or reimburse for payments made to satisfy the entry of final judgment. Information and documentation, as evidenced in the form of a copy of the insurance policy in place at the time of the loss, shall include: 1. All primary, excess, and umbrella policies, contracts or agreements issued by private or publicly-traded stock companies, mutual insurance companies, captive insurance entities, risk retention groups, reciprocal insurance exchanges, syndicates, including, but not limited to, Lloyd’s Underwriters as defined in § 6116 of the Insurance Law, surplus lines insurers, and self-insurance programs insofar as such documents relate to the claim being litigated; 2. If the insurance policy in place is provided, a complete copy of any policy, contract, or agreement under which any person or entity may be liable to satisfy part or all of a judgment 1 of 3 FILED: KINGS COUNTY CLERK 07/03/2023 01:14 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/03/2023 that may be entered in this action or to indemnify or reimburse for payments made to satisfy the entry of final judgment as referred to in this demand, including, but not limited to, declarations, insuring agreements, conditions, exclusions, endorsements, and similar provisions; 3. The contact information, including the name and e-mail address, of an assigned individual responsible for adjusting the claim at issue; and 4. The total limits available under any policy, contract, or agreement, which shall mean the actual funds, after taking into account erosion and any other offsets, that can be used to satisfy a judgment described in this demand or to reimburse for payments made to satisfy the judgment. TAKE NOTICE: For purposes of this demand, an application for insurance shall not be treated as part of an insurance agreement. TAKE FURTHER NOTICE: You must make reasonable efforts to ensure that the information provided pursuant to this demand, as well as pursuant to CPLR § 3101(f), remains accurate and complete, and provide updated information to any party to whom this information has been provided at the filing of the note of issue, when entering into any formal settlement negotiations conducted or supervised by the court, at a voluntary mediation, and when the case is called for trial, and for sixty days after any settlement or entry of final judgment in the case, inclusive of all appeals. TAKE FURTHER NOTICE: Pursuant to CPLR § 3122-b, the information provided pursuant to this demand shall be accompanied by a certification by each defendant and by a certification by any attorney appearing for the defendant(s), sworn in the form of an affidavit or affirmation where appropriate, stating that the information is accurate and complete, and that reasonable efforts have been undertaken and will be undertaken, to ensure that this information remains accurate and complete. 2 of 3 FILED: KINGS COUNTY CLERK 07/03/2023 01:14 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07/03/2023 Dated: New York, New York July 3, 2023 Yours, etc., ELEFTERAKIS, ELEFTERAKIS & PANEK Nicholas Elefterakis, Esq. Attorneys for Plaintiff(s) 80 Pine Street, 38th Floor New York, New York 10005 To: GOLDBERG SEGALLA LLP Attorneys for Defendants JEAN BOULOUTE, ADT SECURITY SERVICES INC., and GELCO FLEET TRUST 711 3rd Avenue, Suite 1900 New York, NY 10017-4013 3 of 3