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FILED
1 CIT ATTY / JURY DEMAND DALLAS COUNTY
2/26/2019 12:45PM
FELICIA PITRE
DISTRICT CLERK
Belinda Hernandez
DAVID BRYANT IN THE DISTRICT COURT OF
VS.
WDWOODOODWOODOOD
DALLAS COUNTY, TEXAS
FARMERS INSURANCE EXCHANGE
PLAINTIFF’S ORIGINAL PETITION AND REQUEST
_
B44TH JUDICML DISTRICT
FOR DISCLOSURE
TO THE HONORABLE COURT:
COMES NOW, DAVID BRYANT, hereinafter referred t0 as Plaintiff, and file this Original
Petition and Request for Disclosure complaining of FARMERS INSURANCE EXCHANGE
hereinafter referred to as Defendant, and in support hereof alleges as follows:
I. DISCOVERY
Plaintiff requests discovery be conducted under Level 3 as set forth in Texas Rule 0f Civil
Procedure 190.4.
II. VENUE
Plaintiff, DAVID BRYANT, is an individual residing in Duncanville, Dallas County,
Texas.
Defendant, FARMERS INSURANCE EXCHANGE, isa foreign insurance company
doing business in the State 0f Texas. This Defendant may be served With due process herein by
serving itsregistered agent, Christine Granger, 15700 Long Vista Dr., Austin, Texas 78728-
3822. Please issue a citation for this defendant at this time.
Venue isproper in Dallas County because the incident made the basis 0f this suit
occurred in Dallas County, Texas. The Court has personal jurisdiction over FARMERS
INSURANCE EXCHANGE because it is a foreign corporation conducting business in the state
of Texas. The amount in controversy exceeds the minimum requirements of this court.
III. FACTS
This lawsuit results from a motor vehicle collision that occurred 0n 0r about November
20, 2017 in which Plaintiff was seriously injured by a third-party driver. The third party driver
was insured, but their liability limits were grossly inadequate t0 compensate for Plaintiff’s
damages.
FARMERS INSURANCE EXCHANGE issued a policy of insurance, policy number
0046207536, Which provided uninsured/under insured motorist vehicle coverage. On the date 0f
the incident made the basis of this suit, DAVID BRYANT, a covered person under the terms 0f
the policy because he was an occupant 0f a vehicle that was covered by the insurance policy and
a named insured 0f the policy, and is therefore entitled t0 coverage afforded by the insurance.
Plaintiff timely notified Defendant, FARMERS INSURANCE EXCHANGE 0f their
claims. Despite receipt of Plaintiff’s claim and Plaintiff providing Defendant with proof 0f
damages, Defendant has refused to tender policy limits. The policy limits were denied on
January 15, 2019 by adjuster PATRICK WEAVER for Defendant FARMERS INSURANCE
EXCHANGE.
Plaintiff has made claims for his injuries and damages 0n his FARMERS INSURANCE
EXCHANGE Uninsured Motorist contract to provide for his injuries and losses sustained in a
motor vehicle accident. FARMERS INSURANCE EXCHANGE has unreasonably and in bad
faith refused t0 investigate the claims and enter a fair settlement. This is unjust in light of
Plaintiff’ s losses in the past and in the future.
IV. CAUSES OF ACTION
1.Breach 0f Contract
Plaintiff sues for coverage under his contract 0f insurance with FARMERS INSURANCE
EXCHANGE; all conditions precedent to filing of this suit has been met and despite timely
written claims and demands under the policy, FARMERS INSURANCE EXCHANGE has failed
to pay the benefits due. FARMERS INSURANCE EXCHANGE’S actions amount to, among
other things, a breach of contract. Accordingly, Plaintiff seeks damages and attorneys fees from
FARMERS INSURANCE EXCHANGE for breach 0f contract.
2.Violati0n 0f Texas Deceptive Trade Practices Act
Plaintiff asserts that the defendant engaged in false, misleading, deceptive acts and
practices, as defined by the Texas Deceptive Trade Practices Act (“DTPA”), TeX. Bus. & Com.
Code Am §17.41 el. seq., more specifically stated as follows:
§17.46(b)(5): representing that goods 0r services have sponsorship, approval,
characteristics, ingredients, uses, benefits, or quantities which they do not
have 0r that a person has sponsorship, approval, status, affiliation, or
connection which he does not;
§17.46(b)(7): representing that goods 0r services are of a particular standard, quality, 0r
grade, or that goods are 0f a particular style or model if they are 0f
another;
§17.46(b)(12): representing that an agreement confers or involves rights, remedies, 0r
obligations which it does not have or involve;
§17.50(a)(2): breach of express or implied warranties; and
§17.50(a)(3): that the acts 0r omissions complained of were unconscionable.
Plaintiff would further show that the FARMERS INSURANCE EXCHANGE’S acts and
practices, Which were the producing cause of Plaintiff’s damages, were committed knowingly
and intentionally. FARMERS INSURANCE EXCHANGE’S fraudulent and deceptive conduct
and the resulting damage and loss to Plaintiff have necessitated Plaintiff’s retention of the
undersigned attorney. Pursuant t0 Tex. Bus. & Com. Code Ann. § 17.50(d), Plaintiff is entitled
to recover attorney's fees that are reasonable and necessary for the preparation and trial of this
cause as well as reasonable and necessary fees for appellate services expended in connection
with this suit.
3.Breach 0f the Dutv of Good Faith and Fair Dealing.
Prior t0 filing this action, Plaintiff notified FARMERS INSURANCE EXCHANGE of his
claim under the uninsured motorist provision of the policy and all conditions precedent t0
obtaining benefits had been met. Plaintiff provided FARMERS INSURANCE EXCHANGE
documentation and information reasonably necessary for the evaluation of his claim. Despite
this, FARMERS INSURANCE EXCHANGE refused t0 pay the value of Plaintiff s claim.
Plaintiff would further show that FARMERS INSURANCE EXCHANGE breached the
common law duty of good faith and fair dealing in the following respects:
a. by denying payments on the full value 0f Plaintiff’s claims when there was no
reasonable basis for such denial; and
b. by Withholding payment of the claim When FARMERS INSURANCE
EXCHANGE knew or should have known that there was n0 reasonable basis for
doing so.
The evidence in this case establishes that FARMERS INSURANCE EXCHANGE
breached their duty t0 act in good faith and fairly deal With Plaintiff in that FARMERS
INSURANCE EXCHANGE has no reasonable basis for refusing to meet their obligations to pay
under the Uninsured Motorist protection. As a consequence, FARMERS INSURANCE
EXCHANGE is liable for actual damages, punitive damages and other relief as pled for in this
petition.
4.Exemplarv Damages
The conduct of FARMERS INSURANCE EXCHANGE in failing to properly investigate,
process, evaluate and engage in good faith settlement negotiations constitutes a conscious
disregard of the rights of the Plaintiff. FARMERS INSURANCE EXCHANGE was both grossly
negligent and recklessly indifferent to Plaintiff” s rights in refusing to pay the uninsured limits on
his claims. Indeed, FARMERS INSURANCE EXCHANGE’S actions and behavior are such for
which the law allows the imposition 0f exemplary damages under the common law theories of
the Violation of the duty 0f good faith and fair dealing, and as a result 0f the breach 0f
FARMERS INSURANCE EXCHANGE’S fiduciary duty to Plaintiff. Accordingly, Plaintiff
seeks exemplary damages from FARMERS INSURANCE EXCHANGE.
5.Violati0ns and Liabilitv under the Texas Insurance Code
This suit is brought against FARMERS INSURANCE EXCHANGE, in part, pursuant t0
the Texas Insurance Code. Written notice has been provided in accordance With the Texas
Insurance Code.
The evidence will show that FARMERS INSURANCE EXCHANGE participated in
unfair claims settlement practices as articulated in TEX. INS. CODE § 541.060. Further, under the
holding of Vail V. Texas Farm Bureau Mutual Insurance Company, 754 S.W.2d 129 (Tex. 1988),
Violations of the Texas Insurance Code and/or rules or regulations issued by The State Board of
Insurance create liability under the DTPA, in addition to all penalties and liabilities articulated in
the Texas Insurance Code. This liability includes but isnot limited to FARMERS INSURANCE
EXCHANGE’S failure t0 attempt in good faith to effectuate a prompt fair and equitable
settlement 0f the claim made by Plaintiff. Further, FARMERS INSURANCE EXCHANGE is
liable for damages under the provisions 0f TEX. INS. CODE § 541.
Defendant FARMERS INSURANCE EXCHANGE breached its duty of good faith and
fair dealing as provided by the Insurance Code when it unreasonably refused t0 compensate
Plaintiff for his injuries and damages incurred as a result of the automobile collision.
Specifically, FARMERS INSURANCE EXCHANGE failed t0 attempt in good faith to effectuate
a prompt, fair and equitable settlement 0f a claim with respect t0 Which the insurer’s liability has
become reasonably clear. Further, FARMERS INSURANCE EXCHANGE failed to provide
promptly to Plaintiff a reasonable explanation of the basis in the policy, in relation to the facts or
applicable law, for the insurer’s refusal t0 pay the claim. Plaintiff would further show that
FARMERS INSURANCE EXCHANGE refused t0 pay the reasonable value 0f a claim Without
conducting a reasonable investigation with respect t0 the claim. Also, FARMERS INSURANCE
EXCHANGE had actual awareness of the unfairness 0f their unreasonable refusal t0 compensate
Plaintiff.
FARMERS INSURANCE EXCHANGE’s actions and omissions in connection with its
unfair settlement practices were a producing cause 0f Plaintiff’ s actual damages. Pursuant t0 the
Insurance Code, Plaintiff is entitled t0 actual damages, treble damages, costs of court and
attorneys fees.
6.Misrepresentation and Fraud
Plaintiff alleges that the representations made by Defendant FARMERS INSURANCE
EXCHANGE concerning coverage under his Uninsured Motorist coverage were
misrepresentations and constitute fraud in that the representations were material, were false When
made 0r were made recklessly and that Plaintiff relied 0n such representations and as a result
suffered injuries and damages.
V. DAMAGES
As a direct and proximate result of FARMERS INSURANCE EXCHANGE’S breach 0f
contract, breach of the duty of good faith and breach 0f fiduciary duty Violations of the Texas
Insurance Code and Violations of the Deceptive Trade Practices Acts, Plaintiff suffered damages.
Plaintiff seeks to recover damages within the jurisdictional limits of this Court.
Plaintiff also seek damages for her injuries by way of pre-judgment and post-judgment
interest payments for all damages he has suffered and that have accrued by the time ofjudgment.
In accordance with the Texas Rules of Civil Procedure Plaintiff individually seek monetary
relief over $100,000.00 but not more than $200,000.00.
Plaintiff is entitled t0 the following:
1. Medical Expenses and thsical Impairment
Plaintiff has incurred past and current expenses for medical cure. Reasonable and
necessary expenses for medical care have been incurred by and on Plaintiff s behalf. Plaintiff
will require future medical cure for his injuries as a result of this incident. These expenses were
incurred for necessary care and treatment of the injuries resulting from the incident made the
basis of this suit. The charges were reasonable and they were the customary charges for such
service in and around the state of Texas. In reasonable probability such expenses will continue
t0 be incurred in the future.
T0 the extent that Plaintiff had any pre-existing condition at the time 0f the occurrence in
question, the same was not disabling, and she would respectfully show that such pre-existing
condition, if any, was aggravated by the incident made the basis of this suit t0 such an extent that
itbecame disabling, bringing about the necessity of medical treatment.
2. Lost Wages
As a result of the accident, Plaintiff has lost wages and in allprobability will continue to
lose wages due t0 ongoing medical treatment.
While Plaintiff has sustained actual damages exceeding the jurisdictional limits 0f this
court, he desires t0 leave the total amount of these damages to the sole determination of a jury,
based upon the credible evidence developed at trial,Without regard t0 sympathy, prejudice or
bias.
3. Statutory Damages
As a result of Defendant FARMERS INSURANCE EXCHANGE’S actions and/or
omissions, and/or the acts/omissions 0f its agents, Plaintiff is entitled to statutory damages as
provided for in various statutes, including buy not limited to the Texas Insurance Code and the
Texas Deceptive Trade Practices Act.
4. Mental Anguish
As a result of Defendant FARMERS INSURANCE EXCHANGE’S action and/or
omissions, and/or the acts/omissions of its agents, Plaintiff has suffered, and is entitled t0 recover
for, mental anguish.
5. Pain and Suffering
Plaintiff has incurred physical and mental distress suffered from their injuries.
6. Attorney’s Fees
VI. REQUEST FOR DISCLOSURE
Plaintiff request that Defendant disclose the information 0r material described and asked
in Rule 194.2 (a)
-
(1)of the Texas Rules 0f Civil Procedure.
VII. NOTICE
Plaintiff hereby give notice of intent t0 utilize items produced in discovery in the trial0f this
matter and the authenticity of such items is self—proven per the Texas Rules ofCivil Procedure I93. 7
VIII. JURY DEMAND
Plaintiff demands a trial by jury and has tendered the appropriate fee.
IX. PRAYER
WHEREFORE, Plaintiff request that Defendant be cited to appear and answer, and that,
after trial, Plaintiff have judgment against Defendant for:
1 . Damages in an amount within the jurisdiction of the Court in recompense for
Plaintiff s suffering personal injuries and their consequences, resulting in past and
future: a) medical expenses; b) pain and suffering; c) mental anguish, d) loss of
earning capacity, and e) permanent physical impairment and loss 0f body
function;
2. A11 damages recoverable pursuant t0 all statutes cited herein, including, but not
limited to treble damages;
3. Reasonable attorney’s fees;
4. Prejudgment interest as provided by law;
5. Post-judgment interest as provided by law from the date ofjudgment until paid;
and
6. For such other and further relief, both general and special, atlaw or in equity, to
Which Plaintiff may show himselfjustly entitled.
Respectfully submitted,
SCHECHTER, MCELWEE, SHAFFER & BEXAR, L.L.P.
/s/Cynthia Huerta
CYNTHIA HUERTA
TBA # 24029402
3200 Travis, 3rd Floor
Houston, Texas 77006
PHONE (713) 524-3500
DIRECT FAX NO. (877) 449-45 10
chuerta@smslegal.com
ATTORNEYS FOR PLAINTIFF
CAUSE NO.
DAVID BRYANT IN THE DISTRICT COURT OF
VS. OOOOOOCMOOOWCMOOO
DALLAS COUNTY, TEXAS
FARMERS INSURANCE EXCHANGE
JUDICIAL DISTRICT
PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION
TO DEFENDANT, FARMERS INSURANCE EXCHANGE
TO: DEFENDANT, FARMERS INSURANCE EXCHANGE, to be served With Citation.
COMES NOW, DAVID BRYANT, Plaintiff, and pursuant t0 the Texas Rules 0f Civil
Procedure hereby requests that Defendant produce and permit Plaintiff” scounsel to inspect and copy
the following designated documents:
Plaintiffrequests Defendant to produce in the offices ofPlaintiff’ s attorney fifty (50) days after
receipt of this Plaintiffs Request for Production, as attached.
Respectfully submitted,
/s/ Cynthia Huerta
CYNTHIA HUERTA
TBA # 24029402
3200 Travis, 3rd Floor
Houston, Texas 77006
PHONE (713) 524-3500
DIRECT FAX NO. (877) 449-4510
chuerta@smslegal.com
ATTORNEYS FOR PLAINTIFF
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of Plaintiff s First Request for Production
t0 Defendant is being served 0n Defendant along With Plaintiff s Original Petition.
/s/ Cynthia Huerta
CYNTHLA HUERTA
DEFINITIONS
As used in this request, the following definitions shall be applicable:
1. "Document" or 'documents' shall mean any written, recorded, or graphic matter 0f any nature
whatsoever, regardless 0f how recorded, and Whether original 0r copy, including, but not
limited communications, memoranda, records, contracts, agreements, tapes 0r other recordings
0r transcriptions of recordings, pamphlets, brochures, schedules, price lists, studies, notices,
summaries, reports, proposals for sale, charts, appraisals, market studies, manuals, minutes,
notes, agenda, announcements, instructions, drafts, calendars, diaries, telephone logs,
statements, billing or credit statements, ledgers, computer printouts, statistical compilations,
records maintained in machine readable form, journals, accounting books, canceled checks,
(front and back), bills 0f sale, bank statements, bank Withdrawal tickets, bank deposit tickets,
bank debit memos, bank credit memos, wire transfer advises, titlecertificates, income tax
returns, insurance policies, Texas Department ofPublic Safety printouts, W-2 forms, and any
and all other documentation issued by a city or state entity.
"You', "your", "yourself" means, FARMERS INSURANCE EXCHANGE, Defendant herein.
PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION
TO DEFENDANT, FARMERS INSURANCE EXCHANGE
The complete file, relative t0 this lawsuit, 0f any expert retained 0r consulted by this
Defendant, and who may provide expert testimony in this matter.
The resume 0f any expert retained or consulted by this Defendant, and Who may provide
expert testimony in this matter.
The complete file, relative to this lawsuit, of any consulting expert retained by this Defendant
in this matter, and whose opinions 0r impressions have been reviewed by any testifying
expert.
The resume 0f any consulting expert retained 0r consulted by this Defendant in this matter,
and Whose opinions or impressions have been reviewed by any testifying expert.
Any written, audio taped 0r Video taped statement given by Plaintiff which is in the
possession, custody or control 0fthis defendant. This request specifically requests both the
transcript of any such statement, as well as a copy 0f the original recording.
Any document signed, written or authored by Plaintiffwhich is in the possession, custody 0r
control of this defendant.
A11 correspondence between this defendant and/or its counsel and all other defendants herein,
and/or their counsel and Which relates t0 this case.
A complete copy of the policy of insurance made the basis of this claim.
9. Any correspondence sent to Plaintiff and/or Plaintiff’s counsel from any insurance company,
insurance agent, insurance broker, adjuster or claims handler regarding the incident made the
basis of this suit.
10. All documents related to the incident made the basis of this suit which were created before
the date which this defendant has identified in response to Plaintiff’s First Set of
Interrogatories that it first anticipated that litigation might arise out of the incident made the
basis of this suit.
11. All documents which support this defendant’s claim that, by the date identified in
Defendant’s response to Plaintiff’s interrogatories, it anticipated that litigation might arise
out of the incident made the basis of this suit.
12. Any and all photographs, audio recordings and/or visual recordings of Plaintiff.
13. All documents which have been obtained by any defendant herein via an authorization or
release which had been executed or signed by Plaintiff.
14. Any documentation which shows the corporate structure of this defendant as it is currently,
and as it was at the time of the incident made the basis of this suit.
15. All contracts which were in effect at any time from January 1, 2009 through current, between
this defendant and:
a) any and all other companies and/or individuals which in any way relate to the
adjusting and/or handling of Plaintiff’s claims made the basis of this suit; and
b) any and all other companies and/or individuals which have adjusted, at any time,
Plaintiff’s claims made the basis of this suit.
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16. All medical and/or health care records and billing records regarding Plaintiff.
17. All correspondence and other documents sent to or received from any of Plaintiff’s
physicians, chiropractors and all other health care providers, and which relate to Plaintiff.
18. All psychological and/or counseling records regarding Plaintiff.
19. All records regarding any criminal record of Plaintiff with which this defendant intends to
impeach Plaintiff pursuant to Rule 609 of the Texas Rules of Evidence.
20. All records regarding Plaintiff’s wages and other income for the last ten (10) years.
21. All records regarding Plaintiff’s employment history.
22. All school records regarding Plaintiff.
23. All records regarding any prior claims and/or lawsuits for personal injury which have been
asserted by Plaintiff.
24. All documents regarding any defense or indemnity agreements pertaining to any party hereto
and which may be applicable to the incident made the basis of this suit.
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25. All correspondence and all other documentation and/or tangible things, relative to this
lawsuit which have been sent from any party to this lawsuit, (or its attorney, agent or
representative) to any other party to this lawsuit (or its attorney, agent or representative).
Plaintiff is expressly not requesting any document or tangible thing produced by Plaintiff in
this lawsuit, or any document or tangible thing which has previously been provided to
Plaintiff by any party herein.
26. Any and all documents showing the correct name, present or last known address and job
classification of all persons employed on your behalf who participate in the drafting, writing
and/or interpretation of your Automobile Insurance policies.
27. A full and complete copy of the claims file or any other documents or memoranda
maintained by you regarding Plaintiff relating to the claim made the basis of this suit.
28. A full and complete copy of any and all other claims files, memoranda or any other type of
document regarding Plaintiff for any claim made by him for any matter relating to his
insurance coverage with your firm.
29. A full and complete copy of any and all sales brochures, letters, memoranda, video or radio
commercials, or other types of documents which relate to your sale and marketing of
Automobile insurance for the entire time period you sold insurance coverage to Plaintiff.
30. A full and complete copy of any and all sales brochures, informational material, letters
memoranda, guidelines, handbooks or other types of documents distributed to your Texas
agents and/or marketing, and/or explanation of Automobile insurance policies sold by your
company.
31. A full and complete copy of each and every citation for violation, fine, penalty or order for
violation of any provision of Texas Department of Insurance promulgated rules or Insurance
Code violations initiated against your company for the past ten years.
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32. A full and complete copy of any and all guidelines, memoranda, handbooks, letters and any
other type of document relating to any and all definitions or interpretations of language in
your automobile insurance policies, endorsements or riders, for the past ten years.
33. A full and complete copy of any and all correspondence between your company and Plaintiff
or any of his agents for the entire period your company provided insurance, of any type, to
him.
34. A full and complete copy of your company’s license to sell insurance within the boundaries
of the State of Texas.
35. A full and complete copy of your financial statement and audit filed with the Texas
Department of Insurance for the years, 2009 to the present.
36. A full and complete copy of list of each and every complaint filed against your company with
the Texas Department of Insurance (previously the State Board of Insurance) for the years
2009 to the present.
37. A complete copy of any and all documents, including but not limited to manuals, books,
pamphlets, memoranda, letters, and training materials which relate to or evidence this
defendant’s policies and/or procedures for claims handling/adjusting.
38. The complete personnel file of all individuals who have, at any time, had the claim made the
basis of this suit assigned to them for handling.
39. All documents and or correspondence sent to or received from FARMERS INSURANCE
EXCHANGE which in any way relate to Plaintiff’s claim made the basis of this suit.
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40. All documents and or correspondence, which in any way relate to Plaintiff’s claim made the
basis of this suit, which were sent to or received from any company or individual which was
adjusting and/or handling Plaintiff’s claim made the basis of this suit.
41. All documents, including but not limited to all correspondence, e-mails, memoranda and/or
notes which related to Plaintiff’s claim made the basis of this suit.
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CAUSE NO.
DAVID BRYANT IN THE DISTRICT COURT OF
VS. OOOOOOCMOOOWCMOOO
DALLAS COUNTY, TEXAS
FARMERS INSURANCE EXCHANGE
JUDICIAL DISTRICT
PLAINTIFF’S FIRST SET OF INTERROGATORIES
TO DEFENDANT, FARMERS INSURANCE EXCHANGE
TO: DEFENDANT, FARMERS INSURANCE EXCHANGE, to be served With Citation.
COMES NOW, DAVID BRYANT, Plaintiff and propounds these interrogatories t0
Defendant pursuant t0 the Texas Rules of Civil Procedure.
Respectfully submitted,
SCHECHTER, MCELWEE, SHAFFER & HARRIS, L.L.P.
/S/ Cynthia Huerta
CYNTHIA HUERTA
TBA # 24029402
3200 Travis, 3rd Floor
Houston, Texas 77006
PHONE (7 1 3) 524-3500
DIRECT FAX NO. (877) 449-4510
chuelta@smslegal.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of Plaintiff’s Request for Interrogatories
t0 Defendant is being served 0n Defendant along With Plaintiff s Original Petition.
/S/ Cynthia Huerta
CYNTHIA HUERTA
INSTRUCTIONS AND DEFINITIONS
"You" and "Your" refer t0 Defendant, and itsrepresentatives and agents.
"Identify," When used With respect to an individual, seeks the individual's name, last known
home address, last known business address, social security number, if known, and place 0f
employment.
"Identify," When used With respect to a business, seeks the name 0fthe business, street address
0f the business, telephone number of the business, and the identity 0f the individual who was
your most significant contact at such business.
PLAINTIFF’S FIRST SET OF INTERROGATORIES
TO DEFENDANT, FARMERS INSURANCE EXCHANGE
INTERROGATORY NO. 1:
Please state this defendant's complete legal name, address and telephone number on the date 0f the
occurrence in question, and now, if different from that 0n the date of the incident made the basis of
this suit.
ANSWER:
INTERROGATORY NO. 2:
Has this defendant been sued in its proper capacity? If not, state the factual basis supporting this
defendant’s contention that it has not been sued in itsproper capacity.
ANSWER:
INTERROGATORY NO. 3:
State the name, last known address and telephone numbers (residence and business) of all people
Who are currently employees, officers and/or directors 0f this defendant Who have knowledge 0f
relevant facts related t0 this incident.
ANSWER:
INTERROGATORY NO. 4:
Please identify by policy number, inclusive dates of coverage and policy type, each and every
insurance policy Which Plaintiff have had with this defendant Within the last five (5) years.
ANSWER:
INTERROGATORY NO. 5:
Please identify by name, address, phone number and employee all adjusters and 0r claims handlers
and/or claims specialists and/or claims representatives Who have, at any time, been assigned t0
handle Plaintiff’ s claim made the basis of this suit for and on behalf of Defendant. Please put an
asterisk next t0 the names of all people who are current employees, agents or representatives of
Defendant.
ANSWER:
INTERROGATORY NO. 6:
Please identify each and every claim paid by you for or on behalf ofPlaintifffor the entire period you
provided insurance t0 Plaintiff. Include in your answers the nature 0f the claim paid and the amount
paid.
ANSWER:
INTERROGATORY NO. 7:
Please state what this defendant believes were the causes ofthe incident which occurred on 0r about
November 20, 2017, and Which ismade the basis of this lawsuit.
ANSWER:
INTERROGATORY NO. 8:
Please state the date on which this defendant first had an anticipation of litigation regarding the
incident which is made the basis of this suit,and describe all facts which led this defendant t0 such
anticipation by such date.
ANSWER:
INTERROGATORY NO. 9:
Please identify each and every fact that supports your refusal to pay the policy limits for the claim
made the basis 0f this suit.
ANSWER:
INTERROGATORY NO. 10:
If you contend that this defendant is not legally liable for the damages allowed under the Texas
Insurance Code as alleged by Plaintiff in Plaintiff’ s Original Petition, please state all facts which
support such contention.
ANSWER:
INTERROGATORY NO. 11:
Please identify each and every contractual provision in any insurance policy provided by you for and
0n behalf of Plaintiff that supports your denial 0f coverage for any and allclaims arising out 0f the
incident made the basis 0fthis lawsuit. Ifyou specifically refer t0 a policy provision include in your
answer the name of the policy and date(s) of coverage.
ANSWER:
INTERROGATORY NO. 12:
Please state the name, job title and address 0f each and every individual employee, officer, agent 0r
representative of this defendant who was involved in any way in the decisions of how to handle
Plaintiff s claim made the basis 0f this suit.
ANSWER:
INTERROGATORY NO. 13:
Please identify any memo, document, report, book, standard 0r guideline utilized by this defendant,
or its agents 0r representatives Which were relied upon in interpreting policy coverages for Plaintiff.
Include in your answer the name and address 0f the custodian 0f such document(s).
ANSWER:
INTERROGATORY NO. 14:
Please listthe claim number, date, and nature of claim, of any and all claims made by Plaintiff
pursuant to any policy of insurance issued 0r adjusted by this defendant, or its agents or
representatives.
ANSWER:
INTERROGATORY NO. 15:
If you contend that Plaintiff have not complied With any term or condition 0f the policy made the
basis of this suit which is a prerequisite for coverage under such policy, please identify the specific
provision With Which you contend Plaintiff have not complied.
ANSWER:
INTERROGATORY NO. 16:
If you contend that Plaintiff have not provided you with proper notice of his claim as required by
Texas Insurance Code, please identify all facts and documents Which support such contention.
ANSWER:
INTERRO
Preview
FILED 1 CIT ATTY / JURY DEMAND DALLAS COUNTY 2/26/2019 12:45PM FELICIA PITRE DISTRICT CLERK Belinda Hernandez DAVID BRYANT IN THE DISTRICT COURT OF VS. WDWOODOODWOODOOD DALLAS COUNTY, TEXAS FARMERS INSURANCE EXCHANGE PLAINTIFF’S ORIGINAL PETITION AND REQUEST _ B44TH JUDICML DISTRICT FOR DISCLOSURE TO THE HONORABLE COURT: COMES NOW, DAVID BRYANT, hereinafter referred t0 as Plaintiff, and file this Original Petition and Request for Disclosure complaining of FARMERS INSURANCE EXCHANGE hereinafter referred to as Defendant, and in support hereof alleges as follows: I. DISCOVERY Plaintiff requests discovery be conducted under Level 3 as set forth in Texas Rule 0f Civil Procedure 190.4. II. VENUE Plaintiff, DAVID BRYANT, is an individual residing in Duncanville, Dallas County, Texas. Defendant, FARMERS INSURANCE EXCHANGE, isa foreign insurance company doing business in the State 0f Texas. This Defendant may be served With due process herein by serving itsregistered agent, Christine Granger, 15700 Long Vista Dr., Austin, Texas 78728- 3822. Please issue a citation for this defendant at this time. Venue isproper in Dallas County because the incident made the basis 0f this suit occurred in Dallas County, Texas. The Court has personal jurisdiction over FARMERS INSURANCE EXCHANGE because it is a foreign corporation conducting business in the state of Texas. The amount in controversy exceeds the minimum requirements of this court. III. FACTS This lawsuit results from a motor vehicle collision that occurred 0n 0r about November 20, 2017 in which Plaintiff was seriously injured by a third-party driver. The third party driver was insured, but their liability limits were grossly inadequate t0 compensate for Plaintiff’s damages. FARMERS INSURANCE EXCHANGE issued a policy of insurance, policy number 0046207536, Which provided uninsured/under insured motorist vehicle coverage. On the date 0f the incident made the basis of this suit, DAVID BRYANT, a covered person under the terms 0f the policy because he was an occupant 0f a vehicle that was covered by the insurance policy and a named insured 0f the policy, and is therefore entitled t0 coverage afforded by the insurance. Plaintiff timely notified Defendant, FARMERS INSURANCE EXCHANGE 0f their claims. Despite receipt of Plaintiff’s claim and Plaintiff providing Defendant with proof 0f damages, Defendant has refused to tender policy limits. The policy limits were denied on January 15, 2019 by adjuster PATRICK WEAVER for Defendant FARMERS INSURANCE EXCHANGE. Plaintiff has made claims for his injuries and damages 0n his FARMERS INSURANCE EXCHANGE Uninsured Motorist contract to provide for his injuries and losses sustained in a motor vehicle accident. FARMERS INSURANCE EXCHANGE has unreasonably and in bad faith refused t0 investigate the claims and enter a fair settlement. This is unjust in light of Plaintiff’ s losses in the past and in the future. IV. CAUSES OF ACTION 1.Breach 0f Contract Plaintiff sues for coverage under his contract 0f insurance with FARMERS INSURANCE EXCHANGE; all conditions precedent to filing of this suit has been met and despite timely written claims and demands under the policy, FARMERS INSURANCE EXCHANGE has failed to pay the benefits due. FARMERS INSURANCE EXCHANGE’S actions amount to, among other things, a breach of contract. Accordingly, Plaintiff seeks damages and attorneys fees from FARMERS INSURANCE EXCHANGE for breach 0f contract. 2.Violati0n 0f Texas Deceptive Trade Practices Act Plaintiff asserts that the defendant engaged in false, misleading, deceptive acts and practices, as defined by the Texas Deceptive Trade Practices Act (“DTPA”), TeX. Bus. & Com. Code Am §17.41 el. seq., more specifically stated as follows: §17.46(b)(5): representing that goods 0r services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have 0r that a person has sponsorship, approval, status, affiliation, or connection which he does not; §17.46(b)(7): representing that goods 0r services are of a particular standard, quality, 0r grade, or that goods are 0f a particular style or model if they are 0f another; §17.46(b)(12): representing that an agreement confers or involves rights, remedies, 0r obligations which it does not have or involve; §17.50(a)(2): breach of express or implied warranties; and §17.50(a)(3): that the acts 0r omissions complained of were unconscionable. Plaintiff would further show that the FARMERS INSURANCE EXCHANGE’S acts and practices, Which were the producing cause of Plaintiff’s damages, were committed knowingly and intentionally. FARMERS INSURANCE EXCHANGE’S fraudulent and deceptive conduct and the resulting damage and loss to Plaintiff have necessitated Plaintiff’s retention of the undersigned attorney. Pursuant t0 Tex. Bus. & Com. Code Ann. § 17.50(d), Plaintiff is entitled to recover attorney's fees that are reasonable and necessary for the preparation and trial of this cause as well as reasonable and necessary fees for appellate services expended in connection with this suit. 3.Breach 0f the Dutv of Good Faith and Fair Dealing. Prior t0 filing this action, Plaintiff notified FARMERS INSURANCE EXCHANGE of his claim under the uninsured motorist provision of the policy and all conditions precedent t0 obtaining benefits had been met. Plaintiff provided FARMERS INSURANCE EXCHANGE documentation and information reasonably necessary for the evaluation of his claim. Despite this, FARMERS INSURANCE EXCHANGE refused t0 pay the value of Plaintiff s claim. Plaintiff would further show that FARMERS INSURANCE EXCHANGE breached the common law duty of good faith and fair dealing in the following respects: a. by denying payments on the full value 0f Plaintiff’s claims when there was no reasonable basis for such denial; and b. by Withholding payment of the claim When FARMERS INSURANCE EXCHANGE knew or should have known that there was n0 reasonable basis for doing so. The evidence in this case establishes that FARMERS INSURANCE EXCHANGE breached their duty t0 act in good faith and fairly deal With Plaintiff in that FARMERS INSURANCE EXCHANGE has no reasonable basis for refusing to meet their obligations to pay under the Uninsured Motorist protection. As a consequence, FARMERS INSURANCE EXCHANGE is liable for actual damages, punitive damages and other relief as pled for in this petition. 4.Exemplarv Damages The conduct of FARMERS INSURANCE EXCHANGE in failing to properly investigate, process, evaluate and engage in good faith settlement negotiations constitutes a conscious disregard of the rights of the Plaintiff. FARMERS INSURANCE EXCHANGE was both grossly negligent and recklessly indifferent to Plaintiff” s rights in refusing to pay the uninsured limits on his claims. Indeed, FARMERS INSURANCE EXCHANGE’S actions and behavior are such for which the law allows the imposition 0f exemplary damages under the common law theories of the Violation of the duty 0f good faith and fair dealing, and as a result 0f the breach 0f FARMERS INSURANCE EXCHANGE’S fiduciary duty to Plaintiff. Accordingly, Plaintiff seeks exemplary damages from FARMERS INSURANCE EXCHANGE. 5.Violati0ns and Liabilitv under the Texas Insurance Code This suit is brought against FARMERS INSURANCE EXCHANGE, in part, pursuant t0 the Texas Insurance Code. Written notice has been provided in accordance With the Texas Insurance Code. The evidence will show that FARMERS INSURANCE EXCHANGE participated in unfair claims settlement practices as articulated in TEX. INS. CODE § 541.060. Further, under the holding of Vail V. Texas Farm Bureau Mutual Insurance Company, 754 S.W.2d 129 (Tex. 1988), Violations of the Texas Insurance Code and/or rules or regulations issued by The State Board of Insurance create liability under the DTPA, in addition to all penalties and liabilities articulated in the Texas Insurance Code. This liability includes but isnot limited to FARMERS INSURANCE EXCHANGE’S failure t0 attempt in good faith to effectuate a prompt fair and equitable settlement 0f the claim made by Plaintiff. Further, FARMERS INSURANCE EXCHANGE is liable for damages under the provisions 0f TEX. INS. CODE § 541. Defendant FARMERS INSURANCE EXCHANGE breached its duty of good faith and fair dealing as provided by the Insurance Code when it unreasonably refused t0 compensate Plaintiff for his injuries and damages incurred as a result of the automobile collision. Specifically, FARMERS INSURANCE EXCHANGE failed t0 attempt in good faith to effectuate a prompt, fair and equitable settlement 0f a claim with respect t0 Which the insurer’s liability has become reasonably clear. Further, FARMERS INSURANCE EXCHANGE failed to provide promptly to Plaintiff a reasonable explanation of the basis in the policy, in relation to the facts or applicable law, for the insurer’s refusal t0 pay the claim. Plaintiff would further show that FARMERS INSURANCE EXCHANGE refused t0 pay the reasonable value 0f a claim Without conducting a reasonable investigation with respect t0 the claim. Also, FARMERS INSURANCE EXCHANGE had actual awareness of the unfairness 0f their unreasonable refusal t0 compensate Plaintiff. FARMERS INSURANCE EXCHANGE’s actions and omissions in connection with its unfair settlement practices were a producing cause 0f Plaintiff’ s actual damages. Pursuant t0 the Insurance Code, Plaintiff is entitled t0 actual damages, treble damages, costs of court and attorneys fees. 6.Misrepresentation and Fraud Plaintiff alleges that the representations made by Defendant FARMERS INSURANCE EXCHANGE concerning coverage under his Uninsured Motorist coverage were misrepresentations and constitute fraud in that the representations were material, were false When made 0r were made recklessly and that Plaintiff relied 0n such representations and as a result suffered injuries and damages. V. DAMAGES As a direct and proximate result of FARMERS INSURANCE EXCHANGE’S breach 0f contract, breach of the duty of good faith and breach 0f fiduciary duty Violations of the Texas Insurance Code and Violations of the Deceptive Trade Practices Acts, Plaintiff suffered damages. Plaintiff seeks to recover damages within the jurisdictional limits of this Court. Plaintiff also seek damages for her injuries by way of pre-judgment and post-judgment interest payments for all damages he has suffered and that have accrued by the time ofjudgment. In accordance with the Texas Rules of Civil Procedure Plaintiff individually seek monetary relief over $100,000.00 but not more than $200,000.00. Plaintiff is entitled t0 the following: 1. Medical Expenses and thsical Impairment Plaintiff has incurred past and current expenses for medical cure. Reasonable and necessary expenses for medical care have been incurred by and on Plaintiff s behalf. Plaintiff will require future medical cure for his injuries as a result of this incident. These expenses were incurred for necessary care and treatment of the injuries resulting from the incident made the basis of this suit. The charges were reasonable and they were the customary charges for such service in and around the state of Texas. In reasonable probability such expenses will continue t0 be incurred in the future. T0 the extent that Plaintiff had any pre-existing condition at the time 0f the occurrence in question, the same was not disabling, and she would respectfully show that such pre-existing condition, if any, was aggravated by the incident made the basis of this suit t0 such an extent that itbecame disabling, bringing about the necessity of medical treatment. 2. Lost Wages As a result of the accident, Plaintiff has lost wages and in allprobability will continue to lose wages due t0 ongoing medical treatment. While Plaintiff has sustained actual damages exceeding the jurisdictional limits 0f this court, he desires t0 leave the total amount of these damages to the sole determination of a jury, based upon the credible evidence developed at trial,Without regard t0 sympathy, prejudice or bias. 3. Statutory Damages As a result of Defendant FARMERS INSURANCE EXCHANGE’S actions and/or omissions, and/or the acts/omissions 0f its agents, Plaintiff is entitled to statutory damages as provided for in various statutes, including buy not limited to the Texas Insurance Code and the Texas Deceptive Trade Practices Act. 4. Mental Anguish As a result of Defendant FARMERS INSURANCE EXCHANGE’S action and/or omissions, and/or the acts/omissions of its agents, Plaintiff has suffered, and is entitled t0 recover for, mental anguish. 5. Pain and Suffering Plaintiff has incurred physical and mental distress suffered from their injuries. 6. Attorney’s Fees VI. REQUEST FOR DISCLOSURE Plaintiff request that Defendant disclose the information 0r material described and asked in Rule 194.2 (a) - (1)of the Texas Rules 0f Civil Procedure. VII. NOTICE Plaintiff hereby give notice of intent t0 utilize items produced in discovery in the trial0f this matter and the authenticity of such items is self—proven per the Texas Rules ofCivil Procedure I93. 7 VIII. JURY DEMAND Plaintiff demands a trial by jury and has tendered the appropriate fee. IX. PRAYER WHEREFORE, Plaintiff request that Defendant be cited to appear and answer, and that, after trial, Plaintiff have judgment against Defendant for: 1 . Damages in an amount within the jurisdiction of the Court in recompense for Plaintiff s suffering personal injuries and their consequences, resulting in past and future: a) medical expenses; b) pain and suffering; c) mental anguish, d) loss of earning capacity, and e) permanent physical impairment and loss 0f body function; 2. A11 damages recoverable pursuant t0 all statutes cited herein, including, but not limited to treble damages; 3. Reasonable attorney’s fees; 4. Prejudgment interest as provided by law; 5. Post-judgment interest as provided by law from the date ofjudgment until paid; and 6. For such other and further relief, both general and special, atlaw or in equity, to Which Plaintiff may show himselfjustly entitled. Respectfully submitted, SCHECHTER, MCELWEE, SHAFFER & BEXAR, L.L.P. /s/Cynthia Huerta CYNTHIA HUERTA TBA # 24029402 3200 Travis, 3rd Floor Houston, Texas 77006 PHONE (713) 524-3500 DIRECT FAX NO. (877) 449-45 10 chuerta@smslegal.com ATTORNEYS FOR PLAINTIFF CAUSE NO. DAVID BRYANT IN THE DISTRICT COURT OF VS. OOOOOOCMOOOWCMOOO DALLAS COUNTY, TEXAS FARMERS INSURANCE EXCHANGE JUDICIAL DISTRICT PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT, FARMERS INSURANCE EXCHANGE TO: DEFENDANT, FARMERS INSURANCE EXCHANGE, to be served With Citation. COMES NOW, DAVID BRYANT, Plaintiff, and pursuant t0 the Texas Rules 0f Civil Procedure hereby requests that Defendant produce and permit Plaintiff” scounsel to inspect and copy the following designated documents: Plaintiffrequests Defendant to produce in the offices ofPlaintiff’ s attorney fifty (50) days after receipt of this Plaintiffs Request for Production, as attached. Respectfully submitted, /s/ Cynthia Huerta CYNTHIA HUERTA TBA # 24029402 3200 Travis, 3rd Floor Houston, Texas 77006 PHONE (713) 524-3500 DIRECT FAX NO. (877) 449-4510 chuerta@smslegal.com ATTORNEYS FOR PLAINTIFF 2 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of Plaintiff s First Request for Production t0 Defendant is being served 0n Defendant along With Plaintiff s Original Petition. /s/ Cynthia Huerta CYNTHLA HUERTA DEFINITIONS As used in this request, the following definitions shall be applicable: 1. "Document" or 'documents' shall mean any written, recorded, or graphic matter 0f any nature whatsoever, regardless 0f how recorded, and Whether original 0r copy, including, but not limited communications, memoranda, records, contracts, agreements, tapes 0r other recordings 0r transcriptions of recordings, pamphlets, brochures, schedules, price lists, studies, notices, summaries, reports, proposals for sale, charts, appraisals, market studies, manuals, minutes, notes, agenda, announcements, instructions, drafts, calendars, diaries, telephone logs, statements, billing or credit statements, ledgers, computer printouts, statistical compilations, records maintained in machine readable form, journals, accounting books, canceled checks, (front and back), bills 0f sale, bank statements, bank Withdrawal tickets, bank deposit tickets, bank debit memos, bank credit memos, wire transfer advises, titlecertificates, income tax returns, insurance policies, Texas Department ofPublic Safety printouts, W-2 forms, and any and all other documentation issued by a city or state entity. "You', "your", "yourself" means, FARMERS INSURANCE EXCHANGE, Defendant herein. PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT, FARMERS INSURANCE EXCHANGE The complete file, relative t0 this lawsuit, 0f any expert retained 0r consulted by this Defendant, and who may provide expert testimony in this matter. The resume 0f any expert retained or consulted by this Defendant, and Who may provide expert testimony in this matter. The complete file, relative to this lawsuit, of any consulting expert retained by this Defendant in this matter, and whose opinions 0r impressions have been reviewed by any testifying expert. The resume 0f any consulting expert retained 0r consulted by this Defendant in this matter, and Whose opinions or impressions have been reviewed by any testifying expert. Any written, audio taped 0r Video taped statement given by Plaintiff which is in the possession, custody or control 0fthis defendant. This request specifically requests both the transcript of any such statement, as well as a copy 0f the original recording. Any document signed, written or authored by Plaintiffwhich is in the possession, custody 0r control of this defendant. A11 correspondence between this defendant and/or its counsel and all other defendants herein, and/or their counsel and Which relates t0 this case. A complete copy of the policy of insurance made the basis of this claim. 9. Any correspondence sent to Plaintiff and/or Plaintiff’s counsel from any insurance company, insurance agent, insurance broker, adjuster or claims handler regarding the incident made the basis of this suit. 10. All documents related to the incident made the basis of this suit which were created before the date which this defendant has identified in response to Plaintiff’s First Set of Interrogatories that it first anticipated that litigation might arise out of the incident made the basis of this suit. 11. All documents which support this defendant’s claim that, by the date identified in Defendant’s response to Plaintiff’s interrogatories, it anticipated that litigation might arise out of the incident made the basis of this suit. 12. Any and all photographs, audio recordings and/or visual recordings of Plaintiff. 13. All documents which have been obtained by any defendant herein via an authorization or release which had been executed or signed by Plaintiff. 14. Any documentation which shows the corporate structure of this defendant as it is currently, and as it was at the time of the incident made the basis of this suit. 15. All contracts which were in effect at any time from January 1, 2009 through current, between this defendant and: a) any and all other companies and/or individuals which in any way relate to the adjusting and/or handling of Plaintiff’s claims made the basis of this suit; and b) any and all other companies and/or individuals which have adjusted, at any time, Plaintiff’s claims made the basis of this suit. 6 16. All medical and/or health care records and billing records regarding Plaintiff. 17. All correspondence and other documents sent to or received from any of Plaintiff’s physicians, chiropractors and all other health care providers, and which relate to Plaintiff. 18. All psychological and/or counseling records regarding Plaintiff. 19. All records regarding any criminal record of Plaintiff with which this defendant intends to impeach Plaintiff pursuant to Rule 609 of the Texas Rules of Evidence. 20. All records regarding Plaintiff’s wages and other income for the last ten (10) years. 21. All records regarding Plaintiff’s employment history. 22. All school records regarding Plaintiff. 23. All records regarding any prior claims and/or lawsuits for personal injury which have been asserted by Plaintiff. 24. All documents regarding any defense or indemnity agreements pertaining to any party hereto and which may be applicable to the incident made the basis of this suit. 7 25. All correspondence and all other documentation and/or tangible things, relative to this lawsuit which have been sent from any party to this lawsuit, (or its attorney, agent or representative) to any other party to this lawsuit (or its attorney, agent or representative). Plaintiff is expressly not requesting any document or tangible thing produced by Plaintiff in this lawsuit, or any document or tangible thing which has previously been provided to Plaintiff by any party herein. 26. Any and all documents showing the correct name, present or last known address and job classification of all persons employed on your behalf who participate in the drafting, writing and/or interpretation of your Automobile Insurance policies. 27. A full and complete copy of the claims file or any other documents or memoranda maintained by you regarding Plaintiff relating to the claim made the basis of this suit. 28. A full and complete copy of any and all other claims files, memoranda or any other type of document regarding Plaintiff for any claim made by him for any matter relating to his insurance coverage with your firm. 29. A full and complete copy of any and all sales brochures, letters, memoranda, video or radio commercials, or other types of documents which relate to your sale and marketing of Automobile insurance for the entire time period you sold insurance coverage to Plaintiff. 30. A full and complete copy of any and all sales brochures, informational material, letters memoranda, guidelines, handbooks or other types of documents distributed to your Texas agents and/or marketing, and/or explanation of Automobile insurance policies sold by your company. 31. A full and complete copy of each and every citation for violation, fine, penalty or order for violation of any provision of Texas Department of Insurance promulgated rules or Insurance Code violations initiated against your company for the past ten years. 8 32. A full and complete copy of any and all guidelines, memoranda, handbooks, letters and any other type of document relating to any and all definitions or interpretations of language in your automobile insurance policies, endorsements or riders, for the past ten years. 33. A full and complete copy of any and all correspondence between your company and Plaintiff or any of his agents for the entire period your company provided insurance, of any type, to him. 34. A full and complete copy of your company’s license to sell insurance within the boundaries of the State of Texas. 35. A full and complete copy of your financial statement and audit filed with the Texas Department of Insurance for the years, 2009 to the present. 36. A full and complete copy of list of each and every complaint filed against your company with the Texas Department of Insurance (previously the State Board of Insurance) for the years 2009 to the present. 37. A complete copy of any and all documents, including but not limited to manuals, books, pamphlets, memoranda, letters, and training materials which relate to or evidence this defendant’s policies and/or procedures for claims handling/adjusting. 38. The complete personnel file of all individuals who have, at any time, had the claim made the basis of this suit assigned to them for handling. 39. All documents and or correspondence sent to or received from FARMERS INSURANCE EXCHANGE which in any way relate to Plaintiff’s claim made the basis of this suit. 9 40. All documents and or correspondence, which in any way relate to Plaintiff’s claim made the basis of this suit, which were sent to or received from any company or individual which was adjusting and/or handling Plaintiff’s claim made the basis of this suit. 41. All documents, including but not limited to all correspondence, e-mails, memoranda and/or notes which related to Plaintiff’s claim made the basis of this suit. 10 CAUSE NO. DAVID BRYANT IN THE DISTRICT COURT OF VS. OOOOOOCMOOOWCMOOO DALLAS COUNTY, TEXAS FARMERS INSURANCE EXCHANGE JUDICIAL DISTRICT PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT, FARMERS INSURANCE EXCHANGE TO: DEFENDANT, FARMERS INSURANCE EXCHANGE, to be served With Citation. COMES NOW, DAVID BRYANT, Plaintiff and propounds these interrogatories t0 Defendant pursuant t0 the Texas Rules of Civil Procedure. Respectfully submitted, SCHECHTER, MCELWEE, SHAFFER & HARRIS, L.L.P. /S/ Cynthia Huerta CYNTHIA HUERTA TBA # 24029402 3200 Travis, 3rd Floor Houston, Texas 77006 PHONE (7 1 3) 524-3500 DIRECT FAX NO. (877) 449-4510 chuelta@smslegal.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE This is to certify that a true and correct copy of Plaintiff’s Request for Interrogatories t0 Defendant is being served 0n Defendant along With Plaintiff s Original Petition. /S/ Cynthia Huerta CYNTHIA HUERTA INSTRUCTIONS AND DEFINITIONS "You" and "Your" refer t0 Defendant, and itsrepresentatives and agents. "Identify," When used With respect to an individual, seeks the individual's name, last known home address, last known business address, social security number, if known, and place 0f employment. "Identify," When used With respect to a business, seeks the name 0fthe business, street address 0f the business, telephone number of the business, and the identity 0f the individual who was your most significant contact at such business. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT, FARMERS INSURANCE EXCHANGE INTERROGATORY NO. 1: Please state this defendant's complete legal name, address and telephone number on the date 0f the occurrence in question, and now, if different from that 0n the date of the incident made the basis of this suit. ANSWER: INTERROGATORY NO. 2: Has this defendant been sued in its proper capacity? If not, state the factual basis supporting this defendant’s contention that it has not been sued in itsproper capacity. ANSWER: INTERROGATORY NO. 3: State the name, last known address and telephone numbers (residence and business) of all people Who are currently employees, officers and/or directors 0f this defendant Who have knowledge 0f relevant facts related t0 this incident. ANSWER: INTERROGATORY NO. 4: Please identify by policy number, inclusive dates of coverage and policy type, each and every insurance policy Which Plaintiff have had with this defendant Within the last five (5) years. ANSWER: INTERROGATORY NO. 5: Please identify by name, address, phone number and employee all adjusters and 0r claims handlers and/or claims specialists and/or claims representatives Who have, at any time, been assigned t0 handle Plaintiff’ s claim made the basis of this suit for and on behalf of Defendant. Please put an asterisk next t0 the names of all people who are current employees, agents or representatives of Defendant. ANSWER: INTERROGATORY NO. 6: Please identify each and every claim paid by you for or on behalf ofPlaintifffor the entire period you provided insurance t0 Plaintiff. Include in your answers the nature 0f the claim paid and the amount paid. ANSWER: INTERROGATORY NO. 7: Please state what this defendant believes were the causes ofthe incident which occurred on 0r about November 20, 2017, and Which ismade the basis of this lawsuit. ANSWER: INTERROGATORY NO. 8: Please state the date on which this defendant first had an anticipation of litigation regarding the incident which is made the basis of this suit,and describe all facts which led this defendant t0 such anticipation by such date. ANSWER: INTERROGATORY NO. 9: Please identify each and every fact that supports your refusal to pay the policy limits for the claim made the basis 0f this suit. ANSWER: INTERROGATORY NO. 10: If you contend that this defendant is not legally liable for the damages allowed under the Texas Insurance Code as alleged by Plaintiff in Plaintiff’ s Original Petition, please state all facts which support such contention. ANSWER: INTERROGATORY NO. 11: Please identify each and every contractual provision in any insurance policy provided by you for and 0n behalf of Plaintiff that supports your denial 0f coverage for any and allclaims arising out 0f the incident made the basis 0fthis lawsuit. Ifyou specifically refer t0 a policy provision include in your answer the name of the policy and date(s) of coverage. ANSWER: INTERROGATORY NO. 12: Please state the name, job title and address 0f each and every individual employee, officer, agent 0r representative of this defendant who was involved in any way in the decisions of how to handle Plaintiff s claim made the basis 0f this suit. ANSWER: INTERROGATORY NO. 13: Please identify any memo, document, report, book, standard 0r guideline utilized by this defendant, or its agents 0r representatives Which were relied upon in interpreting policy coverages for Plaintiff. Include in your answer the name and address 0f the custodian 0f such document(s). ANSWER: INTERROGATORY NO. 14: Please listthe claim number, date, and nature of claim, of any and all claims made by Plaintiff pursuant to any policy of insurance issued 0r adjusted by this defendant, or its agents or representatives. ANSWER: INTERROGATORY NO. 15: If you contend that Plaintiff have not complied With any term or condition 0f the policy made the basis of this suit which is a prerequisite for coverage under such policy, please identify the specific provision With Which you contend Plaintiff have not complied. ANSWER: INTERROGATORY NO. 16: If you contend that Plaintiff have not provided you with proper notice of his claim as required by Texas Insurance Code, please identify all facts and documents Which support such contention. ANSWER: INTERRO