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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: