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  • SMITHER, BENJAMIN T. vs AVM TRANSPORTATION SERVICES, L et alCircuit Civil 3-C document preview
  • SMITHER, BENJAMIN T. vs AVM TRANSPORTATION SERVICES, L et alCircuit Civil 3-C document preview
  • SMITHER, BENJAMIN T. vs AVM TRANSPORTATION SERVICES, L et alCircuit Civil 3-C document preview
  • SMITHER, BENJAMIN T. vs AVM TRANSPORTATION SERVICES, L et alCircuit Civil 3-C document preview
  • SMITHER, BENJAMIN T. vs AVM TRANSPORTATION SERVICES, L et alCircuit Civil 3-C document preview
  • SMITHER, BENJAMIN T. vs AVM TRANSPORTATION SERVICES, L et alCircuit Civil 3-C document preview
  • SMITHER, BENJAMIN T. vs AVM TRANSPORTATION SERVICES, L et alCircuit Civil 3-C document preview
  • SMITHER, BENJAMIN T. vs AVM TRANSPORTATION SERVICES, L et alCircuit Civil 3-C document preview
						
                                

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Filing # 191947775 E-Filed 02/14/2024 01:11:16 PM IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR HIGHLANDS COUNTY, FLORIDA CASE NO. BENJAMIN T. SMITHER, Plaintiff, -vs- AVM TRANSPORTATION SERVICES, LLC, JOSE F. SEPULVEDA, AND PROGRESSIVE SELECT INSURANCE COMPANY, Defendants. / NOTICE OF SERVICE OF INTERROGATORIES TO DEFENDANT. PROGRESSIVE SELECT INSURANCE COMPANY COMES NOW, Plaintiff, BENJAMIN T. SMITHER, by and through the undersigned counsel, propounds the attached Interrogatories, numbered one (1) through sixteen (16) to DEFENDANT, PROGRESSIVE SELECT INSURANCE COMPANY, to be answered, under oath, within forty-five (45) days from date of service. I HEREBY CERTIFY that a true and correct copy of the foregoing has been served upon the above-named Defendant(s), along with the summons and complaint. /s/ Will D. Bates Will D. Bates, Esquire FBN 1007880 Morgan & Morgan, P.A. 20N. Orange Avenue, Suite 1600 Orlando, FL 32801 Telephone: (407) 420-1414 Facsimile: (407) 204-2114 Primary Email: WBates@forthepeople.com Secondary email: MGonzalez@forthepeople.com: .> CPerry@forthepeople.com Electronically Filed Highlands Case # 24000055GCAXMX 02/14/2024 01:11:16 PM Attorneys for Plaintiff IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR HIGHLANDS COUNTY, FLORIDA CASE NO. BENJAMIN T. SMITHER, Plaintiff, -vs- AVM TRANSPORTATION SERVICES, LLC, JOSE F. SEPULVEDA, AND PROGRESSIVE SELECT INSURANCE COMPANY, Defendants. / INTERROGATORIES TO DEFENDANT, PROGRESSIVE SELECT INSURANCE COMPANY (Definitions: "You(ry” as used in these Interrogatories means your corporation, company or partnership, or anyone who handles, adjusts, or investigates claims on its behalf.) 1 What is the name and address of the person answering these interrogatories, and, if applicable, the person's official position or relationship with the party to whom the interrogatories are directed? State your complete corporate name, nature of your business, whether you are licensed to do business in the State of Florida, whether you maintain agents for the transacting of your customary business Highlands County, and whether your name as it appears in Plaintiffs Complaint is correct. 3. List the names, addresses and telephone numbers of all persons believed or known by you, your agents, or attorneys to have any knowledge concerning any of the issues raised in this lawsuit; and specify the subject matter about which the witnesses have knowledge. State whether you have obtained any statements (oral, written or recorded) from any of these witnesses, list the dates any such witness statements were taken, by whom any such witness statements were taken and who has present possession, custody, and control of any such statements. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 6. State whether any insurance agreement or agreements exist under which any person or company carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse any payments made to satisfy any such judgment or settlement. If so, a. What is the name of each company who has issued any such policy. b The limits of liability for i jury to any one person under the terms of each such policies. ¢, The limits of liability for injury to more than one person under the terms of each policy. d. Whether any such insurer has notified you that it claims the policy provisions have been violated or that the policy is otherwise inapplicable to the circumstances of this case, and if so, the date of such notification and the reason given by such insurer for such a claim. the name and address of the person now having custody of a copy of each of such insurance policies. 7. Please state the period of time for which the Plaintiffhas been insured by any contract of insurance issued by your company. 8. Please state the yearly premiums paid for each contract of insurance purchased by the Plaintiff during the entire time that each contract was or is in force. 9. Please state each type of insurance contract(s) ever purchased by the Plaintiff from your company. 10. List the names, residence addresses, business addresses and telephone numbers of all persons who, on your behalf or on behalf of your agents or representatives, have in any way participated in the investigation, adjusting or handling of the claim for benefits involved herein and specify the date and the nature of the participation of each person. 11 For any and all policy defenses which you reasonably believe are available with regard to Plaintiffs claim in this action, describe in detail the factual and legal basis for any such defenses and give complete names, residence addresses, business addresses and telephone numbers of each and every person believed or known by you, your agents or attorneys, to have knowledge of the facts which would provide the basis for any such defenses. 12. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 13. State the facts upon which you rely for each affirmative defense in your answer. 14. List the names, addresses and official positions of each and every person in your employ or in the employ of anyone on your behalf who has had any involvement in the review of the denial or withholding of Plaintiffs uninsured motorist claim and state in what capacity they were involved, the date they were involved and the nature of their involvement. 15. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness's qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 16. Have you made an agreement with anyone that would limit that party's liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. VERIFICATION PAGE STATE OF COUNTY OF Before me the undersigned officer, authorized to administer oaths and take acknowledgments, personally appeared s who after being duly sworn, deposes and says: That the answers to the above and foregoing Interrogatories are true and correct to the best of knowledge and belief. Signature of Defendant SWORN TO AND SUBSCRIBED before me this ___ day of , 2024. Notary Public (signature) Notary Public (type, print stamp commission) My Commission Expires: a Personally Known OR a Produced Identification a Type of Identification Produced: