Preview
FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------------X Index No.: 607412/2023
STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, RESPONSES TO
INTERROGATORIES
Plaintiff,
-against-
Individual Defendants
KATIUSKA BUSTOSREYES,
LIDA ESPERANZA MUZHA ARMIJOS a/k/a LIDA MUZHA,
MARIA SALAZAR,
YOUNG PARK,
Healthcare Defendants
ALL CITY FAMILY HEALTHCARE CENTER, INC.,
BMM LIFE ESSENTIAL SERVICES INC.,
BUFFALO CHIROPRACTIC SERVICES, P.C.,
CITIMED COMPLETE MEDICAL CARE P.C.,
DR. MANASHEROV MEDICAL P.C.,
FAMILY RX CORP,
FIFTH AVENUE SURGERY CENTER, LLC,
FIRST SUPPLY INC,
FUTURE CARE INTERNAL MEDICINE,
FUTURE CARE REGISTERED PROFESSIONAL NURSING,
PLLC d/b/a FUTURE CARE INTERNAL MEDICINE,
FUTURE MEDICAL, P.C.,
FUTURE REHAB PHYSICAL THERAPY, P.C.,
GAETAN JEAN MARIE, DNP-FNP,
GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC,
GET WELL RX INC.,
GLENMORE MEDICAL P.C.,
HERSCHEL KOTKES, M.D., P.C.,
IN TRAILS
MED, INC.,
LOGIC MED SUPPLY INC.,
MAJESTIC MEDICAL IMAGING P.C.,
MANAMIM MS, INC,
MEDICAL MRI P.C.,
MEDICUS SUPPLY CORP.,
PROGRESSIVE HEALTHCARE MEDICINE P.C.,
RIDGEWOOD DRUG INC.,
ROCKAWAYS ASC DEVELOPMENT, LLC,
SANKAR MEDIC SUPPLY CORP.,
SANTE MEDIC SUPPLY INC.,
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SEDATION VACATION PERIOPERATIVE MEDICINE PLLC,
STAR MEDICAL IMAGING P.C.,
TIMOTHY J. HENDERSON, M.D., and
TWELVE STEPS CHIROPRACTIC P.C.,
Defendants.
__________________________________________________________________________Ç
PLEASE TAKE NOTICE, that the plaintiff, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, by and through their attorneys, SIEGEL & O'LEARY LLP, states,
upon information and belief, as and for their response to Defendants', BMM LIFE ESSENTIAL
SERVICES INC., GLENMORE MEDICAL P.C., RIDGEWOOD DRUG INC., and TIMOTHY J.
HENDERSON, M.D., interrogatories, as follows:
1. State the name, job title, relationship with plaintiff, and business address of the person
answering these interrogatories. Also state whether this person is authorized to answer on
plaintiff's behalf pursuant to the laws of agency and the CPLR.
Rebecca Peterson, Claims Specialist at State Farm Insurance Company, PO Box
52257, Phoenix, AZ 85072-2257.
2. State whether plaintiff has issued an insurance policy under which the EIP claimed benefits
for the accident underlying these proceedings:
Yes, Plaintiff had issued an insurance policy under which the EIPs claimed benefits
for the accident underlying these proceedings
a. If yes, state:
i. The State in which the policy was issued;
Please see the attached certified copy of the subject policy.
ii. The dates during which the policy was in effect;
Please see the attached certified copy of the subject policy.
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iii. Whether the policy complied with the New York Financial Responsibility
Act; and
Please see the attached certified copy of the subject policy.
iv. If the policy was cancelled or suspended at any time, prior or subsequent to
the accident in which EIP was injured, the specific reasons for such
cancellation or suspension.
Not applicable.
b. If no, state whether - and if so, why, and to what extent - plaintiff is otherwise
how,
liable for full or partial coverage with respect to such accident.
Not applicable
3. State whether plaintiff received the EIP's application for benefits form (NF-2). If so, state:
EIPs'
Yes, Plaintiff received the Application for Benefits Forms.
a. When; and
b. Whether plaintiff questioned the and/or genuineness of such document -
validity
and, if so, which steps were taken to obtain credible and reliable confirmation
thereof.
a-b. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the
scope of permissible discovery.
4. State whether plaintiff received a Motor Vehicle Accident Report (MV104) describing
EIP's accident. If so, state:
No, Plaintiff did not receive of a Motor Vehicle Accident Report (MV-104) describing
EIPs'
accident.
a. When; and
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b. Whether plaintiff questioned the and/or genuineness of such document -
validity
and, if so, which steps were undertaken to obtain credible and reliable confirmation
thereof.
a-b. Not applicable.
5. State whether plaintiff received a police report describing EIP's accident. If so, state:
EIPs'
Yes, Plaintiff received a police report describing accident.
a. When; and
b. Whether plaintiff questioned the and/or genuineness of such document -
validity
and, if so, which steps were undertaken to obtain credible and reliable confirmation
thereof.
a-b. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the
scope of permissible discovery.
6. State whether plaintiff received an assignment of benefits form (AOB) signed by the EIP
or EIP's representative in favor of defendant(s). If so, state:
Yes, Plaintiff received assignment of benefits forms signed by the EIPs.
a. When; and
b. Whether plaintiff questioned the and/or genuineness of such document -
validity
and, if so, which steps were undertaken to obtain credible and reliable confirmation
thereof.
a-b. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the
scope of permissible discovery.
7. State whether plaintiff objected to the assignment of benefits form (AOB) signed by the
EIP or the EIP's representative in favor of defendant(s). If so:
No, Plaintiff did not object to the assignment of benefits forms.
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a. State when the objection was communicated to defendant(s) and to the EIP,
respectively; and
b. State with specificity the ground or grounds for the objection.
a-b. Not applicable.
8. State whether the records relating to the claims at issue in this case are kept in a file. If so:
Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope
of permissible discovery.
a. State when the file was created;
b. State full name, job title, and business address of the custodian(s) of this file;
c. State the date when the custodian was assigned;
d. State when the custodianship of the file has changed during the existence of the file
- if so, detail each change and the date if occurred.
and,
a-d. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the
scope of permissible discovery.
9. State when one or more claim representatives have been assigned to the claim or claims in
dispute;
Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope
of permissible discovery.
a. If yes, state for each claim representative:
i. Full name, current job title, and current business address;
Object. Overly broad, unduly burdensome, vague, immaterial and
beyond the scope of permissible discovery.
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ii. A detailed list of current duties and responsibilities. For example, and not
limited to the following, state whether the claim representative had, or was
supposed to have, a duty to:
1. Be thoroughly conversant with the Insurance Law and Regulations;
2. Treat healthcare providers courteously and professionally;
3. Avoid requesting factual information when not necessary;
4. Process claims expeditiously;
5. Request any material information necessary to expedite claim
processing;
6. Ensure that claim papers be complete before forwarding them to any
other employee, agent, or representative of plaintiff; and/or
7. Receive documentation and information from healthcare providers.
If so, state whether the claim representative also had a duty to:
1-7. Object. Overly broad, unduly burdensome, vague, immaterial
and beyond the scope of permissible discovery.
a. Make a notation of such documentation and information in
plaintiff's files and/or computer system(s);
b. Ensure that such documentation and information is
complete, accurate, truthful, and/or genuine. If no, state:
a-b. Object. Overly broad, unduly burdensome, vague,
immaterial and beyond the scope of permissible
discovery.
i. Whether any other employee, agent or representative
of plaintiff had such duty;
ii. Whether plaintiff routinely relies on the
completeness, accurateness, truthfulness and/or
genuineness of such documentation and information;
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iii. The steps undertaken by plaintiff when it believes
that such documentation and information is
incomplete, inaccurate, untruthful, or disingenuous;
i-iii. Object. Overly broad, unduly burdensome,
vague, immaterial and beyond the scope of
permissible discovery.
c. Further process such documentation and information. If so,
state:
Object. Overly broad, unduly burdensome, vague,
immaterial and beyond the scope of permissible
discovery.
i. Accurately and in detail, of what the further
processing consisted; and
ii. What such further processing, if any, occurred in this
case.
i-ii. Object. Overly broad, unduly burdensome,
vague, immaterial and beyond the scope of
permissible discovery.
iii. Dates of employment with plaintiff;
iv. Whether any material employment-related change occurred from the date
the claim representative was initially hired. If so, state:
iii-iv. Object. Overly broad, unduly burdensome, vague, immaterial and
beyond the scope of permissible discovery.
1. What was the change;
2. When the change occurred; and
3. Whether the change was temporary or permanent;
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1-3. Object. Overly broad, unduly burdensome, vague, immaterial
and beyond the scope of permissible discovery.
a. If the change was temporary, state whether the claim
representative returned to a work-related status identical to
that which exited prior to such change.
Object. Overly broad, unduly burdensome, vague,
immaterial and beyond the scope of permissible
discovery.
b. If no, state for each individual who evaluated and processed such claim or claims:
i. Full name, job title and business address;
Object. Overly broad, unduly burdensome, vague, immaterial and
beyond the scope of permissible discovery.
ii. A detailed list of this individual's duties and responsibilities at the time the
claim or claims were processed. For examply, and not limited to the
following, state whether this individual had, or was supposed to have, a duty
to:
1. Be thoroughly conversant with the Insurance Law and Regulations;
2. Treat healthcare providers courteously and professionally;
3. Avoid requesting factual information when not necessary;
4. Process claims expeditiously;
5. Request any material information necessary to expedite claim
processing;
6. Ensure that claim papers be complete before forwarding them to any
other employee, agent, or representative of plaintiff;
7. Receive documentation and information from health care providers.
If so, state whether the claim representrative also had a duty to:
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1-7. Object. Overly broad, unduly burdensome, vague, immaterial,
irrelevant and beyond the scope of permissible discovery
a. Make a notation of such documentation and information in
plaintiff's files and/or computer system(s);
b. Ensure that such documentation and information is
complete, accurate, truthful and/or genuine. If no, state:
a-b. Object. Overly broad, unduly burdensome, vague,
immaterial, irrelevant and beyond the scope of
permissible discovery
i. Whether any employee, agent or representative of
plaintiff had such duty;
ii. Whether plaintiff routinely relies on the
completeness, accurateness, truthfulness and/or
genuiness of such documentation and information;
and
iii. The steps undertaken by plaintiff when it believes
that such documentation and information is
incomplete, inaccurate, untruthful or not genuine.
i-iii. Object. Overly broad, unduly burdensome,
vague, immaterial and beyond the scope of
permissible discovery.
c. Further process such documentation and information. If so,
state:
Object. Overly broad, unduly burdensome, vague,
immaterial, irrelevant and beyond the scope of
permissible discovery
i. Accurately and in details, what the further processing
consisted of; and
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ii. What such further processing, if any, occurred in this
case.
i-ii. Object. Overly broad, unduly burdensome,
vague, immaterial and beyond the scope of
permissible discovery.
10. State whether plaintiff made any request for additional verification of any of defendant(s)'s
bills. If so for each verification request:
Yes, plaintiff made a request for additional verification.
a. Identify the bill or bills to which the verification request related;
b. State when the verification was issued;
c. State when the verification request was mailed;
d. State which type of verification was requested and from which person or entity;
a-d. Please see the attached delay letters, examination under oath scheduling letters
and affidavits of service.
e. State why the additional verification was necessary to process the bill(s);
The underlying claim stems from a motor vehicle accident that reportedly
occurred on September 6, 2022 involving a 2007 BMW insured with State
Farm by Katinska Bustos Reyes. At the time of the subject loss, Ms. Reyes,
Lida Esperanza Muzha Armijos and Maria Salazar occupied the insured
vehicle and all made claims of injuries and no-fault claims following the
alleged accident.
In addition to this loss, there was another vehicle insured with State Farm
under claim number 32-39Q6-61S that was involved in a reported accident on
September 14, 2022. Both that incident and the subject loss allegedly
happened on the Brooklyn-Queens Expressway, involved the insured vehicle
being rear ended by a truck and resulted in the three occupants of the insured
car claiming injuries and submitting no-fault claims.
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Further, the subject policy of insurance obtained by Ms. Reyes was procured
less than two weeks before the subject loss and the policy of insurance covering
the vehicle involved in the September 14, 2022 loss was obtained two weeks
before that incident.
Following both losses, all six occupants retained the same counsel and went to
the same medical provider. Based upon these factors, State Farm requested
that our office conduct the examinations under oath of Katiuska Bustos Reyes,
Lida Esperanza Muzha Armijos and Maria Salazar.
f. State whether information responsive to the verification request could have been
obtained from any other source;
Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and
beyond the scope of permissible discovery.
i. If not, state:
1. The basis or bases of this determination; and
2. Whether the material circumstances have since changed.
1-2. Object. Overly broad, unduly burdensome, vague, immaterial
and beyond the scope of permissible discovery.
ii. If yes, state:
1. Whether plaintiff did in fact seek it from other source(s); and
2. Why plaintiff chose to seek such information directly from
defendant(s).
1-2. Object. Overly broad, unduly burdensome, vague, immaterial
and beyond the scope of permissible discovery.
g. State whether plaintiff issued one or more follow-up verification requests. If so,
state for each follow-up:
Yes, Plaintiff issued one or more follow-up verification request.
i. When it was issued;
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ii. When it was mailed; and
iii. To which person or entity it was sent.
i-iii. Please see the attached delay letters, examination under oath
scheduling letters and affidavits of service.
Preview
FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------------X Index No.: 607412/2023 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RESPONSES TO INTERROGATORIES Plaintiff, -against- Individual Defendants KATIUSKA BUSTOSREYES, LIDA ESPERANZA MUZHA ARMIJOS a/k/a LIDA MUZHA, MARIA SALAZAR, YOUNG PARK, Healthcare Defendants ALL CITY FAMILY HEALTHCARE CENTER, INC., BMM LIFE ESSENTIAL SERVICES INC., BUFFALO CHIROPRACTIC SERVICES, P.C., CITIMED COMPLETE MEDICAL CARE P.C., DR. MANASHEROV MEDICAL P.C., FAMILY RX CORP, FIFTH AVENUE SURGERY CENTER, LLC, FIRST SUPPLY INC, FUTURE CARE INTERNAL MEDICINE, FUTURE CARE REGISTERED PROFESSIONAL NURSING, PLLC d/b/a FUTURE CARE INTERNAL MEDICINE, FUTURE MEDICAL, P.C., FUTURE REHAB PHYSICAL THERAPY, P.C., GAETAN JEAN MARIE, DNP-FNP, GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC, GET WELL RX INC., GLENMORE MEDICAL P.C., HERSCHEL KOTKES, M.D., P.C., IN TRAILS MED, INC., LOGIC MED SUPPLY INC., MAJESTIC MEDICAL IMAGING P.C., MANAMIM MS, INC, MEDICAL MRI P.C., MEDICUS SUPPLY CORP., PROGRESSIVE HEALTHCARE MEDICINE P.C., RIDGEWOOD DRUG INC., ROCKAWAYS ASC DEVELOPMENT, LLC, SANKAR MEDIC SUPPLY CORP., SANTE MEDIC SUPPLY INC., 1 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 SEDATION VACATION PERIOPERATIVE MEDICINE PLLC, STAR MEDICAL IMAGING P.C., TIMOTHY J. HENDERSON, M.D., and TWELVE STEPS CHIROPRACTIC P.C., Defendants. __________________________________________________________________________Ç PLEASE TAKE NOTICE, that the plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by and through their attorneys, SIEGEL & O'LEARY LLP, states, upon information and belief, as and for their response to Defendants', BMM LIFE ESSENTIAL SERVICES INC., GLENMORE MEDICAL P.C., RIDGEWOOD DRUG INC., and TIMOTHY J. HENDERSON, M.D., interrogatories, as follows: 1. State the name, job title, relationship with plaintiff, and business address of the person answering these interrogatories. Also state whether this person is authorized to answer on plaintiff's behalf pursuant to the laws of agency and the CPLR. Rebecca Peterson, Claims Specialist at State Farm Insurance Company, PO Box 52257, Phoenix, AZ 85072-2257. 2. State whether plaintiff has issued an insurance policy under which the EIP claimed benefits for the accident underlying these proceedings: Yes, Plaintiff had issued an insurance policy under which the EIPs claimed benefits for the accident underlying these proceedings a. If yes, state: i. The State in which the policy was issued; Please see the attached certified copy of the subject policy. ii. The dates during which the policy was in effect; Please see the attached certified copy of the subject policy. 2 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 iii. Whether the policy complied with the New York Financial Responsibility Act; and Please see the attached certified copy of the subject policy. iv. If the policy was cancelled or suspended at any time, prior or subsequent to the accident in which EIP was injured, the specific reasons for such cancellation or suspension. Not applicable. b. If no, state whether - and if so, why, and to what extent - plaintiff is otherwise how, liable for full or partial coverage with respect to such accident. Not applicable 3. State whether plaintiff received the EIP's application for benefits form (NF-2). If so, state: EIPs' Yes, Plaintiff received the Application for Benefits Forms. a. When; and b. Whether plaintiff questioned the and/or genuineness of such document - validity and, if so, which steps were taken to obtain credible and reliable confirmation thereof. a-b. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. 4. State whether plaintiff received a Motor Vehicle Accident Report (MV104) describing EIP's accident. If so, state: No, Plaintiff did not receive of a Motor Vehicle Accident Report (MV-104) describing EIPs' accident. a. When; and 3 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 b. Whether plaintiff questioned the and/or genuineness of such document - validity and, if so, which steps were undertaken to obtain credible and reliable confirmation thereof. a-b. Not applicable. 5. State whether plaintiff received a police report describing EIP's accident. If so, state: EIPs' Yes, Plaintiff received a police report describing accident. a. When; and b. Whether plaintiff questioned the and/or genuineness of such document - validity and, if so, which steps were undertaken to obtain credible and reliable confirmation thereof. a-b. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. 6. State whether plaintiff received an assignment of benefits form (AOB) signed by the EIP or EIP's representative in favor of defendant(s). If so, state: Yes, Plaintiff received assignment of benefits forms signed by the EIPs. a. When; and b. Whether plaintiff questioned the and/or genuineness of such document - validity and, if so, which steps were undertaken to obtain credible and reliable confirmation thereof. a-b. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. 7. State whether plaintiff objected to the assignment of benefits form (AOB) signed by the EIP or the EIP's representative in favor of defendant(s). If so: No, Plaintiff did not object to the assignment of benefits forms. 4 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 a. State when the objection was communicated to defendant(s) and to the EIP, respectively; and b. State with specificity the ground or grounds for the objection. a-b. Not applicable. 8. State whether the records relating to the claims at issue in this case are kept in a file. If so: Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. a. State when the file was created; b. State full name, job title, and business address of the custodian(s) of this file; c. State the date when the custodian was assigned; d. State when the custodianship of the file has changed during the existence of the file - if so, detail each change and the date if occurred. and, a-d. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. 9. State when one or more claim representatives have been assigned to the claim or claims in dispute; Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. a. If yes, state for each claim representative: i. Full name, current job title, and current business address; Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. 5 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 ii. A detailed list of current duties and responsibilities. For example, and not limited to the following, state whether the claim representative had, or was supposed to have, a duty to: 1. Be thoroughly conversant with the Insurance Law and Regulations; 2. Treat healthcare providers courteously and professionally; 3. Avoid requesting factual information when not necessary; 4. Process claims expeditiously; 5. Request any material information necessary to expedite claim processing; 6. Ensure that claim papers be complete before forwarding them to any other employee, agent, or representative of plaintiff; and/or 7. Receive documentation and information from healthcare providers. If so, state whether the claim representative also had a duty to: 1-7. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. a. Make a notation of such documentation and information in plaintiff's files and/or computer system(s); b. Ensure that such documentation and information is complete, accurate, truthful, and/or genuine. If no, state: a-b. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. i. Whether any other employee, agent or representative of plaintiff had such duty; ii. Whether plaintiff routinely relies on the completeness, accurateness, truthfulness and/or genuineness of such documentation and information; 6 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 iii. The steps undertaken by plaintiff when it believes that such documentation and information is incomplete, inaccurate, untruthful, or disingenuous; i-iii. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. c. Further process such documentation and information. If so, state: Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. i. Accurately and in detail, of what the further processing consisted; and ii. What such further processing, if any, occurred in this case. i-ii. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. iii. Dates of employment with plaintiff; iv. Whether any material employment-related change occurred from the date the claim representative was initially hired. If so, state: iii-iv. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. 1. What was the change; 2. When the change occurred; and 3. Whether the change was temporary or permanent; 7 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 1-3. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. a. If the change was temporary, state whether the claim representative returned to a work-related status identical to that which exited prior to such change. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. b. If no, state for each individual who evaluated and processed such claim or claims: i. Full name, job title and business address; Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. ii. A detailed list of this individual's duties and responsibilities at the time the claim or claims were processed. For examply, and not limited to the following, state whether this individual had, or was supposed to have, a duty to: 1. Be thoroughly conversant with the Insurance Law and Regulations; 2. Treat healthcare providers courteously and professionally; 3. Avoid requesting factual information when not necessary; 4. Process claims expeditiously; 5. Request any material information necessary to expedite claim processing; 6. Ensure that claim papers be complete before forwarding them to any other employee, agent, or representative of plaintiff; 7. Receive documentation and information from health care providers. If so, state whether the claim representrative also had a duty to: 8 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 1-7. Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery a. Make a notation of such documentation and information in plaintiff's files and/or computer system(s); b. Ensure that such documentation and information is complete, accurate, truthful and/or genuine. If no, state: a-b. Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery i. Whether any employee, agent or representative of plaintiff had such duty; ii. Whether plaintiff routinely relies on the completeness, accurateness, truthfulness and/or genuiness of such documentation and information; and iii. The steps undertaken by plaintiff when it believes that such documentation and information is incomplete, inaccurate, untruthful or not genuine. i-iii. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. c. Further process such documentation and information. If so, state: Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery i. Accurately and in details, what the further processing consisted of; and 9 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 ii. What such further processing, if any, occurred in this case. i-ii. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. 10. State whether plaintiff made any request for additional verification of any of defendant(s)'s bills. If so for each verification request: Yes, plaintiff made a request for additional verification. a. Identify the bill or bills to which the verification request related; b. State when the verification was issued; c. State when the verification request was mailed; d. State which type of verification was requested and from which person or entity; a-d. Please see the attached delay letters, examination under oath scheduling letters and affidavits of service. e. State why the additional verification was necessary to process the bill(s); The underlying claim stems from a motor vehicle accident that reportedly occurred on September 6, 2022 involving a 2007 BMW insured with State Farm by Katinska Bustos Reyes. At the time of the subject loss, Ms. Reyes, Lida Esperanza Muzha Armijos and Maria Salazar occupied the insured vehicle and all made claims of injuries and no-fault claims following the alleged accident. In addition to this loss, there was another vehicle insured with State Farm under claim number 32-39Q6-61S that was involved in a reported accident on September 14, 2022. Both that incident and the subject loss allegedly happened on the Brooklyn-Queens Expressway, involved the insured vehicle being rear ended by a truck and resulted in the three occupants of the insured car claiming injuries and submitting no-fault claims. 10 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 Further, the subject policy of insurance obtained by Ms. Reyes was procured less than two weeks before the subject loss and the policy of insurance covering the vehicle involved in the September 14, 2022 loss was obtained two weeks before that incident. Following both losses, all six occupants retained the same counsel and went to the same medical provider. Based upon these factors, State Farm requested that our office conduct the examinations under oath of Katiuska Bustos Reyes, Lida Esperanza Muzha Armijos and Maria Salazar. f. State whether information responsive to the verification request could have been obtained from any other source; Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery. i. If not, state: 1. The basis or bases of this determination; and 2. Whether the material circumstances have since changed. 1-2. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. ii. If yes, state: 1. Whether plaintiff did in fact seek it from other source(s); and 2. Why plaintiff chose to seek such information directly from defendant(s). 1-2. Object. Overly broad, unduly burdensome, vague, immaterial and beyond the scope of permissible discovery. g. State whether plaintiff issued one or more follow-up verification requests. If so, state for each follow-up: Yes, Plaintiff issued one or more follow-up verification request. i. When it was issued; 11 of 724 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/13/2023 ii. When it was mailed; and iii. To which person or entity it was sent. i-iii. Please see the attached delay letters, examination under oath scheduling letters and affidavits of service.