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Filing # 196086548 E-Filed 04/12/2024 01:02:36 PM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
SMALL CLAIMS DIVISION
AUTO GLASS AMERICA, LLC
a/a/o Alexi Santos,
Plaintiff,
vs. CASE NO.:
DIV:
INFINITY AUTO INSURANCE COMPANY,
a foreign corporation,
Defendant.
________________________________________/
PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT
COMES NOW, the Plaintiff, by and through undersigned counsel, pursuant to Rule 1.350,
Florida Rules of Civil Procedure, to file the Plaintiff’s First Request to Produce to the Defendant
hereby requests the Defendant, to produce the items and matters hereinafter set forth for inspection
and/or copying at the offices of the undersigned counsel within forty five (45) days after service for
the following items:
DEFINITIONS
A. “Document” shall be construed to include any written, recorded or tangible graphic
matter, or any other means of preserving thought, expression or communication, whether handwritten,
typed, printed, electronically or otherwise created, including telephone slips and logs, diary entries,
calendars, reports, correspondence, memoranda, notes, electronic mail, video tapes, video cartridges,
audio tapes, electronic recordings of any kind, photographs, computer tapes, computer diskettes and
disks, computer hard drives or servers, and any transcriptions and printouts in your possession, custody
or control. A draft or non- identical copy is a separate document within the meaning of this term.
B. The term “communication” means the transmittal of information (in the form of facts,
ideas, inquiries or otherwise), including, but not limited to, such transmittal in person, over the telephone,
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through written correspondence, and electronic transmission including but not limited to electronic mail,
or via facsimile.
C. As used herein, the term “Glass Services” shall mean any and all windshield repair and/or
replacement services for which reimbursement was sought in this claim.
D. As used herein, the term “Insured” shall mean the person for whom you have provided or
purported to provide any services, and for which payment was sought from [insert carrier].
E. The term “relating to” means concerning, referring to, pertaining to, describing,
referencing, evidencing, constituting or substantiating, and shall have the broadest meaning possible
consistent with the terms of the Florida Rules of Civil Procedure.
INSTRUCTIONS
A. Unless otherwise stated, each part, paragraph and subparagraph of each Document
Request shall be construed independently and without reference to any other part, paragraph or
subparagraph for the purpose of limitation.
B. Unless otherwise stated, the use of a verb in any tense shall be construed as the use of
the verb in all other tenses as necessary to bring within the scope of each Document.
C. Request all documents that might otherwise be construed to be outside its scope.
D. Unless otherwise stated, the use of the singular form of any word shall be construed to
include the plural, and vice versa, as necessary to bring within the scope of each Document Request all
documents that might otherwise be construed to be outside its scope.
E. Unless otherwise stated, the terms “all” and “each” shall be construed as “all and each” as
necessary to bring within the scope of each Document Request all documents that might otherwise be
construed to be outside its scope.
F. Unless otherwise stated, the conjunctions “and” and “or” shall be construed either
disjunctively or conjunctively as necessary to bring within the scope of each Document Request all
documents that might otherwise be construed to be outside its scope.
G. Unless otherwise provided, each Document Request is for documents from the time
period beginning six months prior to the alleged date of repair and/or replacement up to and including
the date you respond to these document requests.
H. Each Document Request seeks production of all documents described, along with any
attachments, drafts, and non-identical copies, in any language whatsoever.
I. Documents are to be produced in their entirety, without redaction or expurgation.
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J. If any Document Request cannot be complied with in full, it should be complied with to
the extent possible, with an explanation as to why full compliance is not possible.
K. Where a claim of privilege is asserted in objecting to the production of any document
requested herein, the nature of the privilege being claimed shall be identified and the following
information shall be provided in the objection or in the form of a list or log of privileged documents: (i)
the type of document; (ii) the general subject matter of the document; (iii) the date of the document; (iv)
the author of the document; (v) the addressee of the document; and (vi) names and addresses of
individuals who actually received the document or copies of the document or who are designated on the
document as having received a copy.
L. In the event that any document called for by any Document Request has been destroyed
or discarded or otherwise disposed of, that document is to be identified as completely as possible,
including, without limitation, the following information: (i) each and every author of the document; (ii)
each and every addressee or recipient of the document; (iii) the date and subject matter of the document;
(iv) the date and reason for disposal of the document; (v) each and every person who authorized disposal
and/or disposed of the document.
SPOILATION/DESTRUCTION OF EVIDENCE
The Defendant is hereby put on notice not to destroy any and all documents related to this claim
at this time as they may become relevant evidence. Failure to abide by this request may result in an
additional lawsuit. If any documents requested herein or fairly comprised within the scope of the
following requests have been lost or destroyed, you shall provide in lieu of a true and correct copy thereof
a list of each document so lost or destroyed, together with the following information: (a) the date of
origin; (b) a brief description of such document; (c) the author of the document; (d) the date upon which
the document was lost or destroyed; (e) a brief statement of the manner in which the document was lost or
destroyed; and (f) a description of any policy pursuant to which such document was destroyed.
OBJECTIONS TO PRODUCTION
In the event that any objection is made to the production of any document fairly comprised within
the scope of the following requests, you shall furnish in lieu of the production of such document a list of
each document withheld from production, together with the following information:
(a) the reason for withholding production;
(b) a statement of the facts constituting the basis for your withholding the document from
production; and
(c) a brief description of the documents withheld, including:
(i) the date upon which the document was originated,
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(ii) the identity of its author or preparer,
(iii) the identity of each person who was a recipient of the document,
(iv) the specific request which encompasses the document,
(v) a brief description of the subject of the document, and
(vi) the identity of all persons who have personal knowledge of its subject matter.
REQUESTS
1. Please provide a certified copy of the insurance policy, including applicable
endorsements and certified copy of declarations page that was issued by the Defendant
which affords coverage or has claimed to afford coverage to the Plaintiffs assignor as
plead in this lawsuit.
2. Any and all communications including but not limited to written
correspondence/documents or electronic communications sent to the Plaintiff by the
Defendant or anyone acting on Defendant's behalf regarding the reimbursement of the
subject charges at issue in this case.
3. The entire claims file maintained by the Defendant in the routine course and scope of the
Defendant’s daily business activities.
4. All documents related to the underlying windshield claim, including but not limited
to:
a. All correspondence to or from Plaintiff regarding this claim;
b. All correspondence to or from the Insured regarding this claim;
c. All communications to any company regarding the amount to pay in
this claim;
d. All telephone messages to/from Plaintiff or the Insured regarding this
claim;
e. All vendor agreements with any third party that provided an estimate or
data utilized in the reduction of this claim;
f. All statements transcripts and/or recordings of any communication
made by Plaintiff regarding this claim;
g. All statements, transcripts and/or recordings of any communication
made by the Insured regarding this claim;
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h. All assignment of benefit forms/direction to pay forms received by
Defendant in relation to this claim;
i. All photographs of the Insured’s vehicle after the windshield
repair/replacement or while the windshield was damaged;
j. All bills, invoices work orders, estimates, and quotes regarding the
subject windshield repair/replacement;
k. All drafts, checks or check stubs, electronic funds transfers, and
cancelled checks issued for the Insured’s loss;
l. All documents reflecting any payment made to any person or entity as a
result of Plaintiff’s claim;
m. All Explanations of Benefits, Explanations of Review, correspondence,
or documents generated by Defendant explaining the basis of
Defendant’s payment or failure to make payment;
n. All emails to the Insured, Plaintiff, or any glass shop regarding the cost
of the Insured’s windshield repair/replacement;
o. All records documenting the time and date of any communication from
Plaintiff regarding this claim;
p. All records documenting the first notice of loss report regarding the
Insured’ claim;
q. All communications regarding the valuing of the Insured’s loss,
including computer records, adjuster log notes, claim reports, ,
communications with any third party administrators, communications
with any third party glass shops, and communications with any person
retained to assist in valuing the Insured’s loss.
5. All writings, memoranda, notes or other material reflecting examination of the
Insured’s loss by Defendant or its agent.
6. A certified copy of all insurance policies that would inure to the benefit of Plaintiff
herein, together with any Declaration of Coverage page and sworn statement of a
corporate officer of Defendant attesting to the coverage and authenticity of the policy
as required by Florida Statutes.
7. All correspondence regarding the subject auto glass claim, including but not limited
to, correspondence with experts, independent adjusters, appraisers, inspectors, the
insured, and any other third party.
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8. All invoices/estimates, documents or records of conversations with any auto glass
facilities willing to accept Defendant’s reduced pricing on the date/location for the
subject replacement.
9. All invoices received by Defendant from any auto glass shop in the State of Florida
for repair of the windshield for the same make and model vehicle, which were not
subject to any pricing agreements for a period of one year prior to and one year after
the date of the subject invoice.
10. For the geographic area where the services were performed, a list of all amounts paid
in the year prior to and the year after the subject date of loss for windshield
repairs/replacements to the same year, make and model vehicle as was provided by
Plaintiff to the Insured in the subject claim.
11. All documents relied upon by the Defendant in determining the reasonable value,
prevailing competitive rate, and fair market value of the Insured’s loss.
12. A listing of the windshield part number utilized by Defendant in determining the
reimbursement level under the policy of insurance for this loss.
13. A listing of the urethane part number utilized by Defendant in determining the
reimbursement level under the policy of insurance for this loss.
14. A listing of the molding part number (if applicable) utilized by Defendant in determining
the reimbursement level under the policy of insurance for this loss.
15. A copy of any contracts with any third-party administrator, independent contractor,
independent adjuster or vendor who in any way participated in determining the amount of
Defendant’s payment for this claim. (Redacted for compensation)
16. All data relied upon by Defendant in denying or reducing portions of this claim.
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17. All requests for inspection, writings, memoranda, notes, reports or other materials
reflecting inspection or examination of the subject motor vehicle by Defendant or any
agent of Defendant related to this claim (not including underwriting file).
18. All documents and materials received by Defendant from any person, including Plaintiff,
relating to the subject claim.
19. Any and all communications that list what bid shops were contacted in this matter and the
actual persons spoken to at the shops to obtain subject bids.
20. Any and all dispatch, authorization, documents from issued by or on behalf of the
Defendant or any third-party administrator/inspector.
21. Any and all correspondence, email, or any other type of communication sent to the
Assignor/Omnibus Insured/Insured and/or Plaintiff explaining how reimbursement will
be or has been made under the subject policy.
22. Any and all correspondence, email, or any other type of communication sent to the
Plaintiff to invoke appraisal and/or arbitration.
23. Any and all checks that were cancelled or cashed in this matter issued to the Plaintiff.
24. Any and all checks that were cancelled or cashed in this matter issued to or by the
Defendant’s third party administrator for this claim.
25. Any and all checks that were cancelled or cashed in this matter issued to the
Assignor/Omnibus Insured/Insured, for this claim.
26. Any and all checks that were cancelled or cashed in this matter issued to the bid shops
that submitted bids for this claim.
27. Any and all checks for which payment was stopped for benefit reimbursement issued to
the Plaintiff and/or the Assignor/Omnibus Insured/Insured.
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28. Any and all agreements, policies and/or procedures in place between the Defendant and
any other third party administrator which demonstrate how the subject auto glass claim
was arrived at and how this particular claim was handled.
29. Any and all communications be they written or electronic communications including but
not limited to written between the Defendant and any other third party administrator,
regarding this claim.
30. Any and all agreements between Defendant any third party administrator, and any of the
auto glass shops from which the Defendant obtained “bids” from regarding this claim.
31. Copies of any and all communications, be they written or electronic/recordings between
the Insured and either:
a. the Defendant,
b. Any other third party administrator and/or
c. Any of the glass shops from which the Defendant obtained “bids” from
regarding this claim.
32. Any and all recordings, communications and correspondence, be they written or
electronic, between the Defendant and the Insured explaining how the subject claim for
auto glass shopsr would be reimbursed.
33. Any and all recordings, communications and correspondence, be they written or
electronic, between the Defendant and the Plaintiff explaining how the subject claim for
auto glass shops would be reimbursed.
34. Any and all recordings, communications and correspondence, be they written or
electronic, between the Defendant and the Insurance Agent in this case regarding this
subject claim.
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35. Any and all recordings, communications and correspondence, be they written or
electronic, between the Defendant’s coverage department and the Insured explaining how
the subject claim for auto glass shops would be reimbursed.
36. Any and all documents, survey’s, expert witness opinions, research, or treatises that the
Defendant intends to rely on at trial to support its position that it properly reimbursed the
Plaintiff under the subject automobile insurance policy for the replacement of the
Insured’s auto glass windshield.
37. Any and all documents the Defendant intends to rely on to demonstrate that the Plaintiff
was incompetent to perform the replacement work at issue in this case.
38. Any and all documents the Defendant intends to rely upon to demonstrate the Plaintiff
was not conveniently located to the Insured’s residence and/or where the subject accident
occurred.
39. Any and all documents the Defendant will rely upon to disprove the signature of the
assignor was forged or obtained under false pretenses.
40. Any and all communications, including but not limited to written and/or electronic
correspondence to or from any auto glass shop or third party in regard to the auto glass
replacement performed to the subject vehicle in this case made by either a third party
administrator or Defendant.
41. Any and all documents, transmitted between the Defendant and any third party, to
determine what the reimbursement price should be for the work required in this claim.
42. A complete manual and/or listing of the auto glass replacement facilities that the
Defendant contends were competent and conveniently located to the Insured and/or the
place of the accident at the time of the accident.
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43. A complete listing and/or manual of the glass replacement facilities that Defendant was
recommending at the time the date of accident near the residence of the Insured and/or
the location of the accident.
44. Any and all documents Defendant intends to rely on to establish the Defendant
reimbursed Plaintiff for amounts owed pursuant to the subject policy.
45. Any and all agreements Defendant or any of its entities has for administering and
handling glass/windshield repair or replacement claims under the
comprehensive/collision provision of its policy with any third parties.
46. All invoices, bills, charges or documents submitted to the Defendant and/or its payment
administrator from non-network windshield replacement facilities, that are equal to or
less than the program as determined by the Defendant for the period of one year
preceding the date of loss at issue and one year following the date of loss at issue in the
present action.
47. All invoices, bills, charges or documents submitted to the Defendant and/or its payment
administrator from selected shops that are equal to or less than the as determined by the
Defendant for the period of one year preceding the date of loss at issue and one year
following the date of loss at issue in the present action.
48. The “claims history” for the period of one year preceding the date of loss at issue and one
year following the date of loss at issue in the present action.
49. Any and all documents that indicate how the premium for the comprehensive coverage in
this case was calculated.
50. Any and all documents that demonstrate the payments made by the Insured for the
subject policy at issue in this case.
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51. Any and all documents that the Defendant will be relying on that indicate that the
Defendant is not liable for payment of any non-paid charges in this matter.
52. Any and all documents that the Defendant reimbursed the Insured for not paying the full
charged amounts of the windshield replacement.
53. Any and all documents that give an itemized breakdown of the reimbursements made in
this matter.
54. Any and all investigational reports made by ANY entity of the State of Florida which
reviewed how the Defendant collects premiums and issues reimbursements under the
comprehensive portion of its automobile policies since the Defendant adopted the policy
form used in this case.
CERTIFICATE OF SERVICE
I CERTIFY a true and correct copy of the foregoing document was served with the
Statement of Claim.
_s/ Chad Guzzo_________________
Chad C. Guzzo, Esquire
Florida Bar No. 55933
CHAD C. GUZZO, PLLC
P.O. Box 291289
Temple Terrace, FL 33687
(813) 694-7171/office
Primary email: service@myflacounsel.com
Secondary email:
chad.guzzo@myflacounsel.com
Attorney for Plaintiff
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Filing # 196086548 E-Filed 04/12/2024 01:02:36 PM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA SMALL CLAIMS DIVISION AUTO GLASS AMERICA, LLC a/a/o Alexi Santos, Plaintiff, vs. CASE NO.: DIV: INFINITY AUTO INSURANCE COMPANY, a foreign corporation, Defendant. ________________________________________/ PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT COMES NOW, the Plaintiff, by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, to file the Plaintiff’s First Request to Produce to the Defendant hereby requests the Defendant, to produce the items and matters hereinafter set forth for inspection and/or copying at the offices of the undersigned counsel within forty five (45) days after service for the following items: DEFINITIONS A. “Document” shall be construed to include any written, recorded or tangible graphic matter, or any other means of preserving thought, expression or communication, whether handwritten, typed, printed, electronically or otherwise created, including telephone slips and logs, diary entries, calendars, reports, correspondence, memoranda, notes, electronic mail, video tapes, video cartridges, audio tapes, electronic recordings of any kind, photographs, computer tapes, computer diskettes and disks, computer hard drives or servers, and any transcriptions and printouts in your possession, custody or control. A draft or non- identical copy is a separate document within the meaning of this term. B. The term “communication” means the transmittal of information (in the form of facts, ideas, inquiries or otherwise), including, but not limited to, such transmittal in person, over the telephone, Page 1 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 through written correspondence, and electronic transmission including but not limited to electronic mail, or via facsimile. C. As used herein, the term “Glass Services” shall mean any and all windshield repair and/or replacement services for which reimbursement was sought in this claim. D. As used herein, the term “Insured” shall mean the person for whom you have provided or purported to provide any services, and for which payment was sought from [insert carrier]. E. The term “relating to” means concerning, referring to, pertaining to, describing, referencing, evidencing, constituting or substantiating, and shall have the broadest meaning possible consistent with the terms of the Florida Rules of Civil Procedure. INSTRUCTIONS A. Unless otherwise stated, each part, paragraph and subparagraph of each Document Request shall be construed independently and without reference to any other part, paragraph or subparagraph for the purpose of limitation. B. Unless otherwise stated, the use of a verb in any tense shall be construed as the use of the verb in all other tenses as necessary to bring within the scope of each Document. C. Request all documents that might otherwise be construed to be outside its scope. D. Unless otherwise stated, the use of the singular form of any word shall be construed to include the plural, and vice versa, as necessary to bring within the scope of each Document Request all documents that might otherwise be construed to be outside its scope. E. Unless otherwise stated, the terms “all” and “each” shall be construed as “all and each” as necessary to bring within the scope of each Document Request all documents that might otherwise be construed to be outside its scope. F. Unless otherwise stated, the conjunctions “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of each Document Request all documents that might otherwise be construed to be outside its scope. G. Unless otherwise provided, each Document Request is for documents from the time period beginning six months prior to the alleged date of repair and/or replacement up to and including the date you respond to these document requests. H. Each Document Request seeks production of all documents described, along with any attachments, drafts, and non-identical copies, in any language whatsoever. I. Documents are to be produced in their entirety, without redaction or expurgation. Page 2 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 J. If any Document Request cannot be complied with in full, it should be complied with to the extent possible, with an explanation as to why full compliance is not possible. K. Where a claim of privilege is asserted in objecting to the production of any document requested herein, the nature of the privilege being claimed shall be identified and the following information shall be provided in the objection or in the form of a list or log of privileged documents: (i) the type of document; (ii) the general subject matter of the document; (iii) the date of the document; (iv) the author of the document; (v) the addressee of the document; and (vi) names and addresses of individuals who actually received the document or copies of the document or who are designated on the document as having received a copy. L. In the event that any document called for by any Document Request has been destroyed or discarded or otherwise disposed of, that document is to be identified as completely as possible, including, without limitation, the following information: (i) each and every author of the document; (ii) each and every addressee or recipient of the document; (iii) the date and subject matter of the document; (iv) the date and reason for disposal of the document; (v) each and every person who authorized disposal and/or disposed of the document. SPOILATION/DESTRUCTION OF EVIDENCE The Defendant is hereby put on notice not to destroy any and all documents related to this claim at this time as they may become relevant evidence. Failure to abide by this request may result in an additional lawsuit. If any documents requested herein or fairly comprised within the scope of the following requests have been lost or destroyed, you shall provide in lieu of a true and correct copy thereof a list of each document so lost or destroyed, together with the following information: (a) the date of origin; (b) a brief description of such document; (c) the author of the document; (d) the date upon which the document was lost or destroyed; (e) a brief statement of the manner in which the document was lost or destroyed; and (f) a description of any policy pursuant to which such document was destroyed. OBJECTIONS TO PRODUCTION In the event that any objection is made to the production of any document fairly comprised within the scope of the following requests, you shall furnish in lieu of the production of such document a list of each document withheld from production, together with the following information: (a) the reason for withholding production; (b) a statement of the facts constituting the basis for your withholding the document from production; and (c) a brief description of the documents withheld, including: (i) the date upon which the document was originated, Page 3 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 (ii) the identity of its author or preparer, (iii) the identity of each person who was a recipient of the document, (iv) the specific request which encompasses the document, (v) a brief description of the subject of the document, and (vi) the identity of all persons who have personal knowledge of its subject matter. REQUESTS 1. Please provide a certified copy of the insurance policy, including applicable endorsements and certified copy of declarations page that was issued by the Defendant which affords coverage or has claimed to afford coverage to the Plaintiffs assignor as plead in this lawsuit. 2. Any and all communications including but not limited to written correspondence/documents or electronic communications sent to the Plaintiff by the Defendant or anyone acting on Defendant's behalf regarding the reimbursement of the subject charges at issue in this case. 3. The entire claims file maintained by the Defendant in the routine course and scope of the Defendant’s daily business activities. 4. All documents related to the underlying windshield claim, including but not limited to: a. All correspondence to or from Plaintiff regarding this claim; b. All correspondence to or from the Insured regarding this claim; c. All communications to any company regarding the amount to pay in this claim; d. All telephone messages to/from Plaintiff or the Insured regarding this claim; e. All vendor agreements with any third party that provided an estimate or data utilized in the reduction of this claim; f. All statements transcripts and/or recordings of any communication made by Plaintiff regarding this claim; g. All statements, transcripts and/or recordings of any communication made by the Insured regarding this claim; Page 4 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 h. All assignment of benefit forms/direction to pay forms received by Defendant in relation to this claim; i. All photographs of the Insured’s vehicle after the windshield repair/replacement or while the windshield was damaged; j. All bills, invoices work orders, estimates, and quotes regarding the subject windshield repair/replacement; k. All drafts, checks or check stubs, electronic funds transfers, and cancelled checks issued for the Insured’s loss; l. All documents reflecting any payment made to any person or entity as a result of Plaintiff’s claim; m. All Explanations of Benefits, Explanations of Review, correspondence, or documents generated by Defendant explaining the basis of Defendant’s payment or failure to make payment; n. All emails to the Insured, Plaintiff, or any glass shop regarding the cost of the Insured’s windshield repair/replacement; o. All records documenting the time and date of any communication from Plaintiff regarding this claim; p. All records documenting the first notice of loss report regarding the Insured’ claim; q. All communications regarding the valuing of the Insured’s loss, including computer records, adjuster log notes, claim reports, , communications with any third party administrators, communications with any third party glass shops, and communications with any person retained to assist in valuing the Insured’s loss. 5. All writings, memoranda, notes or other material reflecting examination of the Insured’s loss by Defendant or its agent. 6. A certified copy of all insurance policies that would inure to the benefit of Plaintiff herein, together with any Declaration of Coverage page and sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity of the policy as required by Florida Statutes. 7. All correspondence regarding the subject auto glass claim, including but not limited to, correspondence with experts, independent adjusters, appraisers, inspectors, the insured, and any other third party. Page 5 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 8. All invoices/estimates, documents or records of conversations with any auto glass facilities willing to accept Defendant’s reduced pricing on the date/location for the subject replacement. 9. All invoices received by Defendant from any auto glass shop in the State of Florida for repair of the windshield for the same make and model vehicle, which were not subject to any pricing agreements for a period of one year prior to and one year after the date of the subject invoice. 10. For the geographic area where the services were performed, a list of all amounts paid in the year prior to and the year after the subject date of loss for windshield repairs/replacements to the same year, make and model vehicle as was provided by Plaintiff to the Insured in the subject claim. 11. All documents relied upon by the Defendant in determining the reasonable value, prevailing competitive rate, and fair market value of the Insured’s loss. 12. A listing of the windshield part number utilized by Defendant in determining the reimbursement level under the policy of insurance for this loss. 13. A listing of the urethane part number utilized by Defendant in determining the reimbursement level under the policy of insurance for this loss. 14. A listing of the molding part number (if applicable) utilized by Defendant in determining the reimbursement level under the policy of insurance for this loss. 15. A copy of any contracts with any third-party administrator, independent contractor, independent adjuster or vendor who in any way participated in determining the amount of Defendant’s payment for this claim. (Redacted for compensation) 16. All data relied upon by Defendant in denying or reducing portions of this claim. Page 6 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 17. All requests for inspection, writings, memoranda, notes, reports or other materials reflecting inspection or examination of the subject motor vehicle by Defendant or any agent of Defendant related to this claim (not including underwriting file). 18. All documents and materials received by Defendant from any person, including Plaintiff, relating to the subject claim. 19. Any and all communications that list what bid shops were contacted in this matter and the actual persons spoken to at the shops to obtain subject bids. 20. Any and all dispatch, authorization, documents from issued by or on behalf of the Defendant or any third-party administrator/inspector. 21. Any and all correspondence, email, or any other type of communication sent to the Assignor/Omnibus Insured/Insured and/or Plaintiff explaining how reimbursement will be or has been made under the subject policy. 22. Any and all correspondence, email, or any other type of communication sent to the Plaintiff to invoke appraisal and/or arbitration. 23. Any and all checks that were cancelled or cashed in this matter issued to the Plaintiff. 24. Any and all checks that were cancelled or cashed in this matter issued to or by the Defendant’s third party administrator for this claim. 25. Any and all checks that were cancelled or cashed in this matter issued to the Assignor/Omnibus Insured/Insured, for this claim. 26. Any and all checks that were cancelled or cashed in this matter issued to the bid shops that submitted bids for this claim. 27. Any and all checks for which payment was stopped for benefit reimbursement issued to the Plaintiff and/or the Assignor/Omnibus Insured/Insured. Page 7 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7 28. Any and all agreements, policies and/or procedures in place between the Defendant and any other third party administrator which demonstrate how the subject auto glass claim was arrived at and how this particular claim was handled. 29. Any and all communications be they written or electronic communications including but not limited to written between the Defendant and any other third party administrator, regarding this claim. 30. Any and all agreements between Defendant any third party administrator, and any of the auto glass shops from which the Defendant obtained “bids” from regarding this claim. 31. Copies of any and all communications, be they written or electronic/recordings between the Insured and either: a. the Defendant, b. Any other third party administrator and/or c. Any of the glass shops from which the Defendant obtained “bids” from regarding this claim. 32. Any and all recordings, communications and correspondence, be they written or electronic, between the Defendant and the Insured explaining how the subject claim for auto glass shopsr would be reimbursed. 33. Any and all recordings, communications and correspondence, be they written or electronic, between the Defendant and the Plaintiff explaining how the subject claim for auto glass shops would be reimbursed. 34. Any and all recordings, communications and correspondence, be they written or electronic, between the Defendant and the Insurance Agent in this case regarding this subject claim. Page 8 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8 35. Any and all recordings, communications and correspondence, be they written or electronic, between the Defendant’s coverage department and the Insured explaining how the subject claim for auto glass shops would be reimbursed. 36. Any and all documents, survey’s, expert witness opinions, research, or treatises that the Defendant intends to rely on at trial to support its position that it properly reimbursed the Plaintiff under the subject automobile insurance policy for the replacement of the Insured’s auto glass windshield. 37. Any and all documents the Defendant intends to rely on to demonstrate that the Plaintiff was incompetent to perform the replacement work at issue in this case. 38. Any and all documents the Defendant intends to rely upon to demonstrate the Plaintiff was not conveniently located to the Insured’s residence and/or where the subject accident occurred. 39. Any and all documents the Defendant will rely upon to disprove the signature of the assignor was forged or obtained under false pretenses. 40. Any and all communications, including but not limited to written and/or electronic correspondence to or from any auto glass shop or third party in regard to the auto glass replacement performed to the subject vehicle in this case made by either a third party administrator or Defendant. 41. Any and all documents, transmitted between the Defendant and any third party, to determine what the reimbursement price should be for the work required in this claim. 42. A complete manual and/or listing of the auto glass replacement facilities that the Defendant contends were competent and conveniently located to the Insured and/or the place of the accident at the time of the accident. Page 9 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9 43. A complete listing and/or manual of the glass replacement facilities that Defendant was recommending at the time the date of accident near the residence of the Insured and/or the location of the accident. 44. Any and all documents Defendant intends to rely on to establish the Defendant reimbursed Plaintiff for amounts owed pursuant to the subject policy. 45. Any and all agreements Defendant or any of its entities has for administering and handling glass/windshield repair or replacement claims under the comprehensive/collision provision of its policy with any third parties. 46. All invoices, bills, charges or documents submitted to the Defendant and/or its payment administrator from non-network windshield replacement facilities, that are equal to or less than the program as determined by the Defendant for the period of one year preceding the date of loss at issue and one year following the date of loss at issue in the present action. 47. All invoices, bills, charges or documents submitted to the Defendant and/or its payment administrator from selected shops that are equal to or less than the as determined by the Defendant for the period of one year preceding the date of loss at issue and one year following the date of loss at issue in the present action. 48. The “claims history” for the period of one year preceding the date of loss at issue and one year following the date of loss at issue in the present action. 49. Any and all documents that indicate how the premium for the comprehensive coverage in this case was calculated. 50. Any and all documents that demonstrate the payments made by the Insured for the subject policy at issue in this case. Page 10 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10 51. Any and all documents that the Defendant will be relying on that indicate that the Defendant is not liable for payment of any non-paid charges in this matter. 52. Any and all documents that the Defendant reimbursed the Insured for not paying the full charged amounts of the windshield replacement. 53. Any and all documents that give an itemized breakdown of the reimbursements made in this matter. 54. Any and all investigational reports made by ANY entity of the State of Florida which reviewed how the Defendant collects premiums and issues reimbursements under the comprehensive portion of its automobile policies since the Defendant adopted the policy form used in this case. CERTIFICATE OF SERVICE I CERTIFY a true and correct copy of the foregoing document was served with the Statement of Claim. _s/ Chad Guzzo_________________ Chad C. Guzzo, Esquire Florida Bar No. 55933 CHAD C. GUZZO, PLLC P.O. Box 291289 Temple Terrace, FL 33687 (813) 694-7171/office Primary email: service@myflacounsel.com Secondary email: chad.guzzo@myflacounsel.com Attorney for Plaintiff Page 11 of 11 4/12/2024 1:02 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 11