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Filing # 133248617 E-Filed 08/23/2021 08:58:25 PM
,th
IN THE CIRCUIT COURT OF THE 17L
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.:
SIMSON LIBERIS,
Plaintiff.
VS.
CURTIS BROWN and
GEICO GENERAL INSURANCE COMPANY,
Defendants.
I
PLAINTIFF'S FIRST REQUEST TO PRODUCE TO
DEFENDANT, GEICO GENERAL INSURANCE COMPANY
COMES NOW, Plaintiff, SIMSON LIBERIS, by and through his undersigned counsel,
and, in accordance with the Florida Rules of Civil Procedure, hereby propounds Plaintiff's First
Request to Produce upon Defendant, GEICO GENERAL INSURANCE COMPANY (hereinafter
"Defendant GEICO"), to produce at the offices ofthe undersigned,within forty-five (45) days of
the date of service, the following for inspection, copying, and/or photocopying:
1. A certified copy of any and all policies of insurance, including excess and umbrella
insurance, which cover Plaintifffor the allegations contained within the Complaint.
2. A certified copy of Plaintiff's insurance policy with Defendant GEICO, policy number
4494142112 (hereinafter "the GEICO policy"), to the extent not produced in response to
Request #1.
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***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/23/2021 08:58:20 PM.****
3. Any and all declarationof coverage pages and sworn statements of a corporate officer or
officers of Defendant GEICO, attesting to the coverage available to Plaintiff for the
incident described in the Complaint.
4. The entire claim file maintained by Defendant GEICO or anyone on Defendant GEICO's
behalfin connectionwith the incident described in the Complaint, cover to cover; including
originaljackets and everything contained withinthe file; or any such portions of it which
would not constitute proprietary, trade secret, and/or confidential information and
are not covered by attorney-client privilege, work-product doctrine, and/or the claim
file privilege; including but not limited to:
a. All notations regarding notice ofthe subject incident;
b. All telephone messages to or from Defendant GEICO, or any of Defendant
GEICO's agents on behalf ofDefendant GEICO;
c. All accident reports prepared by Defendant GEICO, any law enforcementagencies,
Plaintiff, or your insured(s);
d. All interofficememoranda;
e. All correspondence to or from anyone, including any insurance agencies, any
doctor's offices, any employers, any agencies hired to select doctors for a
medical examination,and any law enforcementagencies;
and
f. All records on file concerning the time expended or the costs expended in the
handling of any aspect of Plaintiff's claim.
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5. Any and all other contracts, forms, or other papers or documents regarding and/or
comprising the GEICO policy, including but not limited to the original signed contract of
insurance, any and all signed Motorist selection/rejectionforms,
any other documentswhich were signed or allegedly signed at the time Plaintiff signed up
for, applied for, or otherwise initiated the process of obtaining that policy, and any
documents regarding any and all changes made to that policy since the date o f inception.
6. Copies or pictures of each screen or stage of any and all electronic or computer interfaces
by which Plaintiff electronically signed any Motorist selection
forms or caused his electronic signature to be applied to any
Motorist selection forms.
7. Copies or pictures of each screen or stage ofthe "DocuSign" "signing ceremony" by or in
which Plaintiff allegedly signed the M9FL Motorist selection
form on May 28, 2017.
8. The original PDF file of the M9FL Motorist selection form
allegedly signed by Plaintiff on May 28,2017, and all metadata attached to or associated
with this file.
9. A compact disc (CD) or other such electronic storage medium containing a simulation or
depiction of the "signing ceremony" by or in which Plaintiff electronically signed any
Motorist selection forms or caused his electronic signature to be
applied to any Motorist selection forms on May 28, 2017,
showing each step in the process and interface which was allegedly used or employed by
Plaintiff in this fashion on that date.
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10. All computer generated or maintained adjuster notes regarding this matter.
11. Any quotes given by Defendant GEICO to Plaintiffin the year 2017.
12. All documentsthat were submitted to the Florida Office of Insurance Regulation showing
that the M9FL Motorist selection form was to be pre-filled and
static when presented to the insured in the "signing ceremony."
13. Copies of any and all sales manuals used by Defendant GEICO for the year 2017 for
training employees and/or agents for anything relating to selling policies to prospective
insureds, advising prospective insureds regarding coverage, and anything at all regarding
Motorist coverage.
14. Any and all surveillance reports, claim history reports or other investigative reports
Defendant GEICO or anyone acting on Defendant GEICO's behalfprepared in connection
with Plaintiff's claim.
15. Any and all transcripts of recorded statements, Examinations Under Oath, and/or video
recording o f Plaintiff.
16. Any and all statements Defendant GEICO or anyone acting on behalfofDefendant GEICO
took of Plaintiff.
17. Any and all statements in the possession of Defendant GEICO from any and all witnesses
to the incident described in the Complaint.
18. Any and all surveillance, photographs, DVDs, videotapes, or any pictorial images of
Plaintiff on July 2, 2018.
19. Any and all photographs, DVDs, videotapes, or any pictorial images of the scene of the
incident described in the Complaint.
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20. Any and all photographsin the possessionofDefendant GEICO or anyone acting on behalf
of Defendant GEICO showing the extent of damage to any ofthe vehicles involved in the
incident described in the Complaint.
21. Any and all computer data or reports generated from computers in the motor vehicle
Defendant, CURTIS BROWN (hereinafter "Defendant BROWN"), was operating during
the incident described in the Complaint, from 15 minutes before the subject incident to 15
minutes after the subject incident.
22. The results of any drug testing or alcohol testing done on Defendant BROWN following
the incident described in the Complaint.
23. The criminal record, if any, of Defendant BROWN.
24. The driving record of Defendant BROWN.
25. The registration for the motor vehicle driven by Defendant BROWN.
26. A copy of Defendant BROWN's driver license, front and back.
27. The title for the motor vehicle which Defendant BROWN was operating during the incident
described in the Complaint.
28. Any and all estimates of repair or statements concerning the nature and extent of damage
to any of the vehicles involved in the incident described in the Complaint.
29. The police report for the incident described in the Complaint.
30. A copy ofthe most recent PIP log or PIP ledger regarding any payments made for medical
treatment and/or lost wages under the claim made under the GEICO policy with claim
number 0598448660101022 (hereinafter "the GEICO claim").
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31. Copies of any and all "Explanation of Review" and/or "Explanation of Benefits"
documents associated with the GEICO claim, and copies of any and all medical records
and/or medical bills associated with the above documents.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Request to Produce
was furnished via service of process along with summons and Complaint.
/s/ Luke T. Moreau, Esq.
Luke T. Moreau, Esq.
Florida Bar No.: 108241
LAW OFFICES OF LUKE T. MOREAU, ESQ.
Counsel for the Plaintiff
1761 N. Young Circle, Suite 3-343
Hollywood, FL 33020
Phone: (954) 406-6757
Fax: (954) 212-9703
ana@lukemoreaulaw.com
SILVERSTEIN, SILVERSTEIN
& SILVERSTEIN, P.A.
504 Aventura Corporate Center
20801 Biscayne Boulevard
Aventura, Florida 33180
MIAMI DADE -
(305) 935-2500
BROWARD -
(954) 463-1333
FACSIMILE -
(305) 935-3214
By: s/ GREGGA. SILVERSTEIN
Florida Bar #821853
Attorney for Plaintiff
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Preview
Filing # 133248617 E-Filed 08/23/2021 08:58:25 PM ,th IN THE CIRCUIT COURT OF THE 17L JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: SIMSON LIBERIS, Plaintiff. VS. CURTIS BROWN and GEICO GENERAL INSURANCE COMPANY, Defendants. I PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT, GEICO GENERAL INSURANCE COMPANY COMES NOW, Plaintiff, SIMSON LIBERIS, by and through his undersigned counsel, and, in accordance with the Florida Rules of Civil Procedure, hereby propounds Plaintiff's First Request to Produce upon Defendant, GEICO GENERAL INSURANCE COMPANY (hereinafter "Defendant GEICO"), to produce at the offices ofthe undersigned,within forty-five (45) days of the date of service, the following for inspection, copying, and/or photocopying: 1. A certified copy of any and all policies of insurance, including excess and umbrella insurance, which cover Plaintifffor the allegations contained within the Complaint. 2. A certified copy of Plaintiff's insurance policy with Defendant GEICO, policy number 4494142112 (hereinafter "the GEICO policy"), to the extent not produced in response to Request #1. 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/23/2021 08:58:20 PM.**** 3. Any and all declarationof coverage pages and sworn statements of a corporate officer or officers of Defendant GEICO, attesting to the coverage available to Plaintiff for the incident described in the Complaint. 4. The entire claim file maintained by Defendant GEICO or anyone on Defendant GEICO's behalfin connectionwith the incident described in the Complaint, cover to cover; including originaljackets and everything contained withinthe file; or any such portions of it which would not constitute proprietary, trade secret, and/or confidential information and are not covered by attorney-client privilege, work-product doctrine, and/or the claim file privilege; including but not limited to: a. All notations regarding notice ofthe subject incident; b. All telephone messages to or from Defendant GEICO, or any of Defendant GEICO's agents on behalf ofDefendant GEICO; c. All accident reports prepared by Defendant GEICO, any law enforcementagencies, Plaintiff, or your insured(s); d. All interofficememoranda; e. All correspondence to or from anyone, including any insurance agencies, any doctor's offices, any employers, any agencies hired to select doctors for a medical examination,and any law enforcementagencies; and f. All records on file concerning the time expended or the costs expended in the handling of any aspect of Plaintiff's claim. 2 5. Any and all other contracts, forms, or other papers or documents regarding and/or comprising the GEICO policy, including but not limited to the original signed contract of insurance, any and all signed Motorist selection/rejectionforms, any other documentswhich were signed or allegedly signed at the time Plaintiff signed up for, applied for, or otherwise initiated the process of obtaining that policy, and any documents regarding any and all changes made to that policy since the date o f inception. 6. Copies or pictures of each screen or stage of any and all electronic or computer interfaces by which Plaintiff electronically signed any Motorist selection forms or caused his electronic signature to be applied to any Motorist selection forms. 7. Copies or pictures of each screen or stage ofthe "DocuSign" "signing ceremony" by or in which Plaintiff allegedly signed the M9FL Motorist selection form on May 28, 2017. 8. The original PDF file of the M9FL Motorist selection form allegedly signed by Plaintiff on May 28,2017, and all metadata attached to or associated with this file. 9. A compact disc (CD) or other such electronic storage medium containing a simulation or depiction of the "signing ceremony" by or in which Plaintiff electronically signed any Motorist selection forms or caused his electronic signature to be applied to any Motorist selection forms on May 28, 2017, showing each step in the process and interface which was allegedly used or employed by Plaintiff in this fashion on that date. 3 10. All computer generated or maintained adjuster notes regarding this matter. 11. Any quotes given by Defendant GEICO to Plaintiffin the year 2017. 12. All documentsthat were submitted to the Florida Office of Insurance Regulation showing that the M9FL Motorist selection form was to be pre-filled and static when presented to the insured in the "signing ceremony." 13. Copies of any and all sales manuals used by Defendant GEICO for the year 2017 for training employees and/or agents for anything relating to selling policies to prospective insureds, advising prospective insureds regarding coverage, and anything at all regarding Motorist coverage. 14. Any and all surveillance reports, claim history reports or other investigative reports Defendant GEICO or anyone acting on Defendant GEICO's behalfprepared in connection with Plaintiff's claim. 15. Any and all transcripts of recorded statements, Examinations Under Oath, and/or video recording o f Plaintiff. 16. Any and all statements Defendant GEICO or anyone acting on behalfofDefendant GEICO took of Plaintiff. 17. Any and all statements in the possession of Defendant GEICO from any and all witnesses to the incident described in the Complaint. 18. Any and all surveillance, photographs, DVDs, videotapes, or any pictorial images of Plaintiff on July 2, 2018. 19. Any and all photographs, DVDs, videotapes, or any pictorial images of the scene of the incident described in the Complaint. 4 20. Any and all photographsin the possessionofDefendant GEICO or anyone acting on behalf of Defendant GEICO showing the extent of damage to any ofthe vehicles involved in the incident described in the Complaint. 21. Any and all computer data or reports generated from computers in the motor vehicle Defendant, CURTIS BROWN (hereinafter "Defendant BROWN"), was operating during the incident described in the Complaint, from 15 minutes before the subject incident to 15 minutes after the subject incident. 22. The results of any drug testing or alcohol testing done on Defendant BROWN following the incident described in the Complaint. 23. The criminal record, if any, of Defendant BROWN. 24. The driving record of Defendant BROWN. 25. The registration for the motor vehicle driven by Defendant BROWN. 26. A copy of Defendant BROWN's driver license, front and back. 27. The title for the motor vehicle which Defendant BROWN was operating during the incident described in the Complaint. 28. Any and all estimates of repair or statements concerning the nature and extent of damage to any of the vehicles involved in the incident described in the Complaint. 29. The police report for the incident described in the Complaint. 30. A copy ofthe most recent PIP log or PIP ledger regarding any payments made for medical treatment and/or lost wages under the claim made under the GEICO policy with claim number 0598448660101022 (hereinafter "the GEICO claim"). 5 31. Copies of any and all "Explanation of Review" and/or "Explanation of Benefits" documents associated with the GEICO claim, and copies of any and all medical records and/or medical bills associated with the above documents. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Request to Produce was furnished via service of process along with summons and Complaint. /s/ Luke T. Moreau, Esq. Luke T. Moreau, Esq. Florida Bar No.: 108241 LAW OFFICES OF LUKE T. MOREAU, ESQ. Counsel for the Plaintiff 1761 N. Young Circle, Suite 3-343 Hollywood, FL 33020 Phone: (954) 406-6757 Fax: (954) 212-9703 ana@lukemoreaulaw.com SILVERSTEIN, SILVERSTEIN & SILVERSTEIN, P.A. 504 Aventura Corporate Center 20801 Biscayne Boulevard Aventura, Florida 33180 MIAMI DADE - (305) 935-2500 BROWARD - (954) 463-1333 FACSIMILE - (305) 935-3214 By: s/ GREGGA. SILVERSTEIN Florida Bar #821853 Attorney for Plaintiff 6