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Filing # 130361378 E-Filed 07/09/2021 02:16:00 PM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
CIVIL DIVISION
DORATTA WATT and ALYSSA WATT, a
minor by and through her Parent and Natural
Guardian, DORATTA WATT
Plaintiffs,
-ys-
CASENO: 2021 CA 000513 A
PROGRESSIVE AMERICAN INSURANCE
COMPANY,
Defendant.
/
NOTICE OF SERVING INTERROGATORIES
TO: PROGRESSIVE AMERICAN INSURANCE COMPANY
PURSUANT TO Rule 1.340, Florida Rules of Civil Procedure, you are required to
answer the following Interrogatories in writing and under oath within forty-five (45) days from
the date of service.
I HEREBY CERTIFY that an original and one copy of the Interrogatories numbered one
(1) through (19) have been furnished to the Defendant together with the Summons and
Complaint.
/s/ Christopher BorzellChristopher Borzell, Attommey
Morgan & Morgan Tampa, P.A.
One Tampa City Center
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Tele: (813) 223-5505
Fax: (813) 223-5402
Florida Bar #: 68277
Attomey for PlaintiffPRELIMINARY STATEMENT
1. The following interrogatories are to be answered separately and fully, by
furnishing all information in your possession, custody, or control, including all information to
which you have a superior right to compel from a third party, such as your agent or
representative.
2. You are to answer the interrogatories under oath. Your attorney in this case is not
allowed to sign or swear to the answers you have made to the interrogatories.
3. Whenever an interrogatory requests the identification of document or documents,
please set forth where the document exists, the name and address of its custodian, a description
of its contents, including its author, date, and addressee, the number of pages it contains, and all
attachments to the original document.
4. If the answer to any interrogatory may be derived or ascertained from your
business records, and the burden of deriving the answer would be substantially the same for
plaintiff and you, you may specify the records from which the answer may be obtained.
DEFINITIONS AND ABBREVIATIONS
Plaintiff sets forth the following definitions or abbreviations of various words and phrases
that are contained in these Interrogatories. Plaintiff provides the following definitions and
abbreviations for the purpose of clarifying the meaning of various words and phrases contained
here in order to expedite discovery. It is expressly stipulated and agreed by the Plaintiff that an
affidavit on the part of the Defendant will not be construed as an admission that any definition or
abbreviation contained here is either factually correct or legally binding on the defendant.
1. “You” or “your” or “yours” refers to Progressive American Insurance Company,
your attorneys, agents and all other persons or entities acting or purporting to act on your behalf,
whether authorized or not.2. “Persons” The term “persons” shall include individuals, and every type of entity,
whether formed for business purposes or not.
3. “Documents” The term “documents” shall mean writings of every type and from
any source, including originals and non-identical copies of originals that are in your possession,
custody, or control or known by you to exist. This would include documents sent outside your
organization to any source as well as documents intended for internal use.
The term also includes communications, not only words, but also in symbols, pictures, sound
recordings, film, tapes, and information stored in, or accessible through, computer or other
information storage or retrieval systems. If the information is kept in a computer or information
retrieval system, the term also includes codes and programming instructions and other materials
necessary to understand such systems.
“Documents” includes, but is not limited to: calendars, checkbooks, agenda, agreements,
analyses, bills invoices, records of obligations and expenditures, corporate bylaws and charter,
correspondence, diaries, files, legal documents, financial documents including balance sheets and
profit and loss statements, letters, memorandum recording telephone or in-person conferences,
manuals, books, press releases, purchase orders, records, schedules, memos of interviews,
evaluations, written reports of tests or experiments, public relations releases, telegrams,
teletypes, work papers, drafts of documents, and all other writing whose contents relate to the
subject matter of discovery request.
4. If you claim a privilege or exemption from discovery for any of the material,
please state the specific ground for each privilege or immunity claimed, in order that the Plaintiff
can evaluate the merit of the objection. In this event, the parties may discuss the merits of the
objection and determine whether a court determination on the objection will be necessary.
5. “Identify” or “Identification”:a. As to a person: When used in reference to a person or individual, the terms
“identify” or “identification” mean to state the person’s full name, address, and telephone
number.
b. As to an entity: The terms “ identify” or “identification” when used in reference to
an entity such as a corporation, partnership or association, mean to state the name of the entity,
its business address, telephone number, and name of its chief executive officer and the agent for
service of process.
c. As to a document: When used in reference to a document, the terms “identify” or
“identification” shall include the following:
- The title, heading, or caption of such document.
- The date appearing on such document; or if no date appears, the approximate date on which the
document was prepared.
- A general description of the document.
- The name of the person who signed the document or statement that is was unsinged,
- Name of the person or persons to whom the document was addressed and to whom the
document was sent.
d. As to a statement: When used in reference to a statement, the terms “identify” or
“identification” shall include who made the statement, who took or recorded it, and all others, if
any, present during the making of the statement; to state when, where and how it was taken, and
to specify who has possession, custody or control of the statement.
e. To any other tangible thing: when used in reference to any other tangible thing,
the terms “identify” or “identification” mean to give a reasonably detailed description of the
object, including, if applicable, when, where, and how it was made; who made it; and who has
possession, custody or control of the object.f. To an insurance agreement: When used in reference to an insurance contract, the
terms “identify” or “identification” mean to list the policyholder, all additional named insureds,
the policy member, the insurance company, the policy, and the policy limits.
6. “Accident,” “occurrence” and “incident” means and refers to the motor vehicle collision
described in plaintiffs Complaint.
7. “Statements” includes any written or graphic statement signed or otherwise
adopted or approved by the person making it and any stenographic, mechanical, electrical, or
other recordings, or a transcription of the statement, which is a substantially verbatim recital of
an oral statement by the person making it and contemporaneously recorded.INTERROGATORIES
(Definitions: "You/your as used in these Interrogatories means your corporation, company or
partnership, or anyone who handles, adjusts or investigates claims on its behalf.)
1. What is the name and address of the person answering these interrogatories, the person’s
official position or relationship with the party to whom the interrogatories are directed?
2. State your complete corporate name, nature of your business, whether you are licensed to
do business in the State of Florida, whether you maintain agents for the transacting of your
customary business in the state of Florida, and whether your name as it appears in the Plaintiff's
complaint is correct.
3. Have you retained and/or intend to call upon any expert witness at the trial of this case?
If so, please identify each witness; describe his/her qualifications as an expert; state the
substance of the opinions to which he/she is expected to testify; give a summary of the factual
grounds for each opinion; and provide a list of all claims files or court cases for which you have
hired the same expert witness in the last twelve (12) months.4. Identify all individuals or representatives of Plaintiff with whom, you or anyone acting on
your behalf have had communications, whether orally or in writing, regarding any issue relating
to the incident in question and in your answer please include the following:
a. the name, title, address, and telephone number of the person(s) with whom the
communication was made;
b. the date(s) of such communications;
c. the method of communication (that is, letter, email, telephone, or in person); and
d. a brief description of what was communicated.
5. Please identify what information, if any, that you contend is/was missing and necessary
in order for you to properly evaluate the Plaintiff’s claim.
6. Please identify each and every employee or agent of the Defendant who handled,
reviewed, processed, evaluated, and/ or worked on the Plaintiffs claim.7. State the facts and factual basis upon which you rely for each affirmative defense in your
answer.
8. Do you contend any person or entity other than the uninsured/underinsured motorist who
is or may be liable in whole or in part for the claims asserted against you in this lawsuit? If so,
state the full name and address of each such person or entity, the legal basis for your contention,
the facts or evidence upon which your contention is based, and whether or not you have notified
each such person or entity of your contention.
9. List the names and addresses of all persons who are believed or known by you, your
agents or attorneys to have any knowledge concerning any of the issues in this lawsuit; and
specify the subject matter about which witness has knowledge.10. Please identify any computer programs used to evaluate Plaintiff's claim, including
medical records, bills and/or damages.
11. Have you heard or are you aware of any statement or remark made by or on behalf of any
party and/or witness to the incident described in the complaint, other than yourself, concerning
any issue in this lawsuit? If so, state the name and address of each person who heard it, and the
date, time, place and substance of each statement.
12. State the name and address of every person known to you, or your agents who has
knowledge about, or possession, custody or control of any model, plat, map, drawing, motion
picture, video tape, or photograph pertaining to any fact or issue involved in this controversy;
and describe as to each, what such person has, the name and address of the person who took or
prepared it, and the date it was taken or prepared.13. Please identify any and all insurance coverage that affords coverage to Plaintiff for the
damages sought by the complaint?
14. Have you, your agent or anyone on your behalf obtained a statement, written, recorded or
oral, from anyone pertaining to any of the issues in this litigation? If so, state the name(s),
address(es), and the date of each statement and the name and address of the party in possession
of any such statement(s).
15. Do you or your attorneys know of any motor vehicle collision, slip and fall, or other
personal injury, including health insurance claim, involving the Plaintiff either before or after the
incident sued on this action? If so, please give the dates of such motor vehicle collision, slip and
fall, or other personal injury, including health insurance claim, the details of each accident, the
injuries sustained by the Plaintiff, and the names, addresses, phone numbers, and details of any
witnesses with any knowledge of each accident.16. Please provide the name, address, and occupation of any person who examined, in any
fashion, any vehicles involved in the incident described in the Complaint. Please indicate the
date of the inspection, for what purpose the car was examined, and what parts of the car were
examined. Also, please state the total estimate to repair those vehicles.
17. Did the alleged uninsured/underinsured driver consume any alcoholic beverages or take
any drugs or medications within 12 hours before the time of the incident described in the
Complaint? Ifso, state the type and amount of alcoholic beverages, drugs or medication which
were consumed, and when and where the alleged uninsured driver consumed them.
18. Do you claim any off-set and/or credit to whatever verdict may be rendered in this case?
If so, please identify the basis for said claimed off-set and the amount of said off-set.19. Have you ever been charged with the perpetration of insurance fraud, or any judicial
administrative charge or sanction for insurance fraud, fraud on the court, or making a false
statement to a tribunal or judicial body? If so, please identify said charge(s), when the charge(s)
were made, the name of the court, tribunal or agency, and results thereof.
Progressive American Insurance Company
STATE OF
COUNTY OF
Sworn to (or affirmed) and subscribed before me by means of __ physical presence or __
online notarization, this day of > by
___ Personally Known or __ Produced Identification
Type of Identification Produced.
NOTARY PUBLIC - State of Florida
My Commission Expires:
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Filing # 130361378 E-Filed 07/09/2021 02:16:00 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA CIVIL DIVISION DORATTA WATT and ALYSSA WATT, a minor by and through her Parent and Natural Guardian, DORATTA WATT Plaintiffs, -ys- CASENO: 2021 CA 000513 A PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. / NOTICE OF SERVING INTERROGATORIES TO: PROGRESSIVE AMERICAN INSURANCE COMPANY PURSUANT TO Rule 1.340, Florida Rules of Civil Procedure, you are required to answer the following Interrogatories in writing and under oath within forty-five (45) days from the date of service. I HEREBY CERTIFY that an original and one copy of the Interrogatories numbered one (1) through (19) have been furnished to the Defendant together with the Summons and Complaint. /s/ Christopher BorzellChristopher Borzell, Attommey Morgan & Morgan Tampa, P.A. One Tampa City Center 201 N. Franklin Street, 7th Floor Tampa, FL 33602 Tele: (813) 223-5505 Fax: (813) 223-5402 Florida Bar #: 68277 Attomey for PlaintiffPRELIMINARY STATEMENT 1. The following interrogatories are to be answered separately and fully, by furnishing all information in your possession, custody, or control, including all information to which you have a superior right to compel from a third party, such as your agent or representative. 2. You are to answer the interrogatories under oath. Your attorney in this case is not allowed to sign or swear to the answers you have made to the interrogatories. 3. Whenever an interrogatory requests the identification of document or documents, please set forth where the document exists, the name and address of its custodian, a description of its contents, including its author, date, and addressee, the number of pages it contains, and all attachments to the original document. 4. If the answer to any interrogatory may be derived or ascertained from your business records, and the burden of deriving the answer would be substantially the same for plaintiff and you, you may specify the records from which the answer may be obtained. DEFINITIONS AND ABBREVIATIONS Plaintiff sets forth the following definitions or abbreviations of various words and phrases that are contained in these Interrogatories. Plaintiff provides the following definitions and abbreviations for the purpose of clarifying the meaning of various words and phrases contained here in order to expedite discovery. It is expressly stipulated and agreed by the Plaintiff that an affidavit on the part of the Defendant will not be construed as an admission that any definition or abbreviation contained here is either factually correct or legally binding on the defendant. 1. “You” or “your” or “yours” refers to Progressive American Insurance Company, your attorneys, agents and all other persons or entities acting or purporting to act on your behalf, whether authorized or not.2. “Persons” The term “persons” shall include individuals, and every type of entity, whether formed for business purposes or not. 3. “Documents” The term “documents” shall mean writings of every type and from any source, including originals and non-identical copies of originals that are in your possession, custody, or control or known by you to exist. This would include documents sent outside your organization to any source as well as documents intended for internal use. The term also includes communications, not only words, but also in symbols, pictures, sound recordings, film, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems. If the information is kept in a computer or information retrieval system, the term also includes codes and programming instructions and other materials necessary to understand such systems. “Documents” includes, but is not limited to: calendars, checkbooks, agenda, agreements, analyses, bills invoices, records of obligations and expenditures, corporate bylaws and charter, correspondence, diaries, files, legal documents, financial documents including balance sheets and profit and loss statements, letters, memorandum recording telephone or in-person conferences, manuals, books, press releases, purchase orders, records, schedules, memos of interviews, evaluations, written reports of tests or experiments, public relations releases, telegrams, teletypes, work papers, drafts of documents, and all other writing whose contents relate to the subject matter of discovery request. 4. If you claim a privilege or exemption from discovery for any of the material, please state the specific ground for each privilege or immunity claimed, in order that the Plaintiff can evaluate the merit of the objection. In this event, the parties may discuss the merits of the objection and determine whether a court determination on the objection will be necessary. 5. “Identify” or “Identification”:a. As to a person: When used in reference to a person or individual, the terms “identify” or “identification” mean to state the person’s full name, address, and telephone number. b. As to an entity: The terms “ identify” or “identification” when used in reference to an entity such as a corporation, partnership or association, mean to state the name of the entity, its business address, telephone number, and name of its chief executive officer and the agent for service of process. c. As to a document: When used in reference to a document, the terms “identify” or “identification” shall include the following: - The title, heading, or caption of such document. - The date appearing on such document; or if no date appears, the approximate date on which the document was prepared. - A general description of the document. - The name of the person who signed the document or statement that is was unsinged, - Name of the person or persons to whom the document was addressed and to whom the document was sent. d. As to a statement: When used in reference to a statement, the terms “identify” or “identification” shall include who made the statement, who took or recorded it, and all others, if any, present during the making of the statement; to state when, where and how it was taken, and to specify who has possession, custody or control of the statement. e. To any other tangible thing: when used in reference to any other tangible thing, the terms “identify” or “identification” mean to give a reasonably detailed description of the object, including, if applicable, when, where, and how it was made; who made it; and who has possession, custody or control of the object.f. To an insurance agreement: When used in reference to an insurance contract, the terms “identify” or “identification” mean to list the policyholder, all additional named insureds, the policy member, the insurance company, the policy, and the policy limits. 6. “Accident,” “occurrence” and “incident” means and refers to the motor vehicle collision described in plaintiffs Complaint. 7. “Statements” includes any written or graphic statement signed or otherwise adopted or approved by the person making it and any stenographic, mechanical, electrical, or other recordings, or a transcription of the statement, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.INTERROGATORIES (Definitions: "You/your as used in these Interrogatories means your corporation, company or partnership, or anyone who handles, adjusts or investigates claims on its behalf.) 1. What is the name and address of the person answering these interrogatories, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. State your complete corporate name, nature of your business, whether you are licensed to do business in the State of Florida, whether you maintain agents for the transacting of your customary business in the state of Florida, and whether your name as it appears in the Plaintiff's complaint is correct. 3. Have you retained and/or intend to call upon any expert witness at the trial of this case? If so, please identify each witness; describe his/her qualifications as an expert; state the substance of the opinions to which he/she is expected to testify; give a summary of the factual grounds for each opinion; and provide a list of all claims files or court cases for which you have hired the same expert witness in the last twelve (12) months.4. Identify all individuals or representatives of Plaintiff with whom, you or anyone acting on your behalf have had communications, whether orally or in writing, regarding any issue relating to the incident in question and in your answer please include the following: a. the name, title, address, and telephone number of the person(s) with whom the communication was made; b. the date(s) of such communications; c. the method of communication (that is, letter, email, telephone, or in person); and d. a brief description of what was communicated. 5. Please identify what information, if any, that you contend is/was missing and necessary in order for you to properly evaluate the Plaintiff’s claim. 6. Please identify each and every employee or agent of the Defendant who handled, reviewed, processed, evaluated, and/ or worked on the Plaintiffs claim.7. State the facts and factual basis upon which you rely for each affirmative defense in your answer. 8. Do you contend any person or entity other than the uninsured/underinsured motorist who is or may be liable in whole or in part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. 9. List the names and addresses of all persons who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which witness has knowledge.10. Please identify any computer programs used to evaluate Plaintiff's claim, including medical records, bills and/or damages. 11. Have you heard or are you aware of any statement or remark made by or on behalf of any party and/or witness to the incident described in the complaint, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who heard it, and the date, time, place and substance of each statement. 12. State the name and address of every person known to you, or your agents who has knowledge about, or possession, custody or control of any model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared.13. Please identify any and all insurance coverage that affords coverage to Plaintiff for the damages sought by the complaint? 14. Have you, your agent or anyone on your behalf obtained a statement, written, recorded or oral, from anyone pertaining to any of the issues in this litigation? If so, state the name(s), address(es), and the date of each statement and the name and address of the party in possession of any such statement(s). 15. Do you or your attorneys know of any motor vehicle collision, slip and fall, or other personal injury, including health insurance claim, involving the Plaintiff either before or after the incident sued on this action? If so, please give the dates of such motor vehicle collision, slip and fall, or other personal injury, including health insurance claim, the details of each accident, the injuries sustained by the Plaintiff, and the names, addresses, phone numbers, and details of any witnesses with any knowledge of each accident.16. Please provide the name, address, and occupation of any person who examined, in any fashion, any vehicles involved in the incident described in the Complaint. Please indicate the date of the inspection, for what purpose the car was examined, and what parts of the car were examined. Also, please state the total estimate to repair those vehicles. 17. Did the alleged uninsured/underinsured driver consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the Complaint? Ifso, state the type and amount of alcoholic beverages, drugs or medication which were consumed, and when and where the alleged uninsured driver consumed them. 18. Do you claim any off-set and/or credit to whatever verdict may be rendered in this case? If so, please identify the basis for said claimed off-set and the amount of said off-set.19. Have you ever been charged with the perpetration of insurance fraud, or any judicial administrative charge or sanction for insurance fraud, fraud on the court, or making a false statement to a tribunal or judicial body? If so, please identify said charge(s), when the charge(s) were made, the name of the court, tribunal or agency, and results thereof. Progressive American Insurance Company STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me by means of __ physical presence or __ online notarization, this day of > by ___ Personally Known or __ Produced Identification Type of Identification Produced. NOTARY PUBLIC - State of Florida My Commission Expires: