PREMIER PROMOTIONS USA INC vs. GEICO CASUALTY COMPANY, GEICO GENERAL INSURANCE COMPANY, GEICO INDEMNITY COMPANY, GOVERNMENT EMPLOYEES INSURANCE COMPANY, 2019-SC-036574-O, No. 67975463 (Florida State, (2024)

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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via
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`the E-Portal on this the 26th day of November, 2019 to all parties of record at the designated email
`address registered with the E-Portal on the date identified in the E-Filing.
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`Law Office of Kelly L. Wilson
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` /s/ Renee M Stephens
`Renee M Stephens, Esq.
`Florida Bar No.: 57462
`1000 Legion Place, Suite 850
`Orlando, FL 32801
`Phone: (407) 377-7070
`Facsimile: (407) 835-7521
`Attorney for Defendant(s): GEICO General
`Insurance Company, GEICO Indemnity Company,
`GEICO Casualty Company, Government Employees
`Insurance Company
`Service Email: OrlandoGlassGEICO@geico.com
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`Sensitivity: Confidential
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`DEFENDANT’S FIRST INTERROGATORIES TO PLAINTIFF
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`Defendant, GEICO General Insurance Company, GEICO Indemnity Company, GEICO
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`Casualty Company, Government Employees Insurance Company, requests that the Plaintiff, respond
`under oath to the following Interrogatories pursuant to Rule 1.340, Florida Rules of Civil
`Procedure, within thirty (30) days of service, as required by Florida Law.
`DEFINITIONS
`1.
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`“Communication” includes all means by which information is conveyed by one
`person or entity to another, including but not limited to any written, oral, telephonic or other
`inquiry, examination, notice, representation, discussion, conversation, correspondence, email,
`memorandum, telegram, pleading, negotiation, review, claim, agreement, understanding, meeting
`or interview. Communication further means between any individual or entity and any other
`individual or entity, including communications going in either direction between such individuals
`or entities.
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`2.
`“Document(s)” means the originals and any copies of any written, printed, typed,
`or other recorded mater, however produced or reproduced, of every kind and description, in
`whatever form (e.g., final and draft versions), that are in your actual or constructive possession,
`custody, care or control including without limitation all writings, diaries, notes, journals,
`photographs, video or audio tapes or recordings, computer generated documents, emails, computer
`disks or data tapes, or any other tangible things which constitute or contain matters within the
`scope of the Florida Rules of Civil Procedure and/or Rules of Evidence. The term “Document(s)”
`also means originals and copies of all of the above which contain notations in writing, print or
`otherwise that do not appear on the originals.
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`3.
`As used herein, the term “Glass Services” shall mean any and all windshield repair
`and/or replacement services for which reimbursem*nt was sought in this claim.
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`4.
`The phrase “regarding” means reflecting, concerning, containing, arising from,
`pertaining to, referring to, regarding, indicating, showing, describing, memorializing, evidencing,
`supporting, discussing, mentioning, computing or in any other way bearing upon the subject matter
`of the inquiry.
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`5.
`The conjunctives “and” and “or” should be construed either disjunctively or
`conjunctively as necessary to bring within the scope of the request all responses that might
`otherwise be construed to be outside its scope.
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`6.
`As used herein, the term “Insured” shall mean the person for whom You have
`provided or purported to provide any services, and for which payment was sought from GEICO.
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`7.
`The terms “all” and “each” should be construed as all and each.
`The use of the singular form of any word includes the plural and vice versa.
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`8.
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`Sensitivity: Confidential
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`INTERROGATORIES
`Please identify the individual/individuals, persons, employees or agents who created the
`1.
`Work Order and Invoice as it relates to this claim.
`RESPONSE:
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`Please identify the individual/individuals, persons, employees or agents who submitted the
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`Work Order and Invoice as it relates to this claim.
`RESPONSE:
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`Please identify all documents, communications, memorandum, paper, photograph,
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`facsimile, E-mail, invoice, business record, or other evidence you intend to introduce at the trial in
`this case.
`RESPONSE:
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`Please identify the location, venue, or business operation where the physical provision of
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`Glass Services of the Insured’s windshield occurred in this claim. For any location, venue, or
`business operation you identify, please provide an address, phone number, and contact
`information.
`RESPONSE:
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`Please identify by name any person and/or entity, including but not limited to glass
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`repair/replacement technicians, responsible for or involved with the physical provision of Glass
`Services in this claim, and describe the role of each person and/or entity identified.
`RESPONSE:
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`For the persons and/or entities identified in Interrogatory No. 4 above, please identify any
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`training, certifications, and or qualifications these persons and/or entities have obtained.
`RESPONSE:
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`For the persons and/or entities identified in Interrogatory No. 4 above, and for the period
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`of four years preceding the date of loss in this claim, please identify the following:
`a.
`The number of repairs performed on behalf of Plaintiff;
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`Sensitivity: Confidential
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`RESPONSE:
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`b.
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`c.
`d.
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`The number of warranty claims submitted as a result of repairs done on
`behalf of Plaintiff;
`The number of defective repairs performed on behalf of Plaintiff;
`The number of complaints from customers for work done on behalf of
`Plaintiff.
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`Please identify by name any person responsible for presenting the Assignment of Benefits
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`to the Insured for execution in this case.
`RESPONSE:
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`9.
`Please identify all specific sources, including specific documents, persons, or other basis
`of knowledge, used or considered for setting the price invoiced to the Defendant.
`RESPONSE:
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`Please provide any knowledge you have of the prices set by other glass repair facilities in
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`the nearby Orange county area, and include specifically how that knowledge was obtained.
`RESPONSE:
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`Identify all specific glass repair facilities that were contacted, and the specific name of
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`any individuals spoken with, and the date contacted, prior to determining the invoiced price in
`this case.
`RESPONSE:
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`Please identify all basis for invoicing GEICO a different rate from a customer who does
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`not have comprehensive insurance coverage.
`RESPONSE:
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`Please provide the name and business address for any glass repair facilities that Plaintiff
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`itself owns in Florida, but not through which it subcontracts business.
`RESPONSE:
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`Sensitivity: Confidential
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`Please identify what volume/issue of NAGS was used, whether in paper or electronic
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`format, to the extent NAGS was considered or referenced in pricing any materials and labor
`Plaintiff relies upon.
`RESPONSE:
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`Please provide the name of any software used in setting the price invoiced for the glass
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`repair, or which may be used to obtain the NAGS price. Please provide what company the use of
`this software is purchased through and/or the name of any company through which this software
`is accessed.
`RESPONSE:
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`Please specifically identify each part or material used in the glass repair, and the
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`corresponding price that Plaintiff paid to obtain each part or material.
`RESPONSE:
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`Please provide the hourly rate that the specific employee or subcontractor was paid by
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`Plaintiff to perform the glass replacement.
`RESPONSE:
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`Please provide the name and compensation for each sales associate who interacted with
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`the insured customer.
`RESPONSE:
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`Please identify each insurance company that Plaintiff has or has had a pricing agreement
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`for work performed with, at any point within the last ten years. For each insurance company
`identified, please include the compensation structure for the work you perform, whether it is one
`set price per job completed or listed out by material used and labor time.
`RESPONSE:
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`Sensitivity: Confidential
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`Please provide the amount, and make and model of the vehicle, for the 50 lowest-priced
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`invoices you have provided customers, who do not have comprehensive insurance (or if it was
`unknown whether the customer had comprehensive insurance or not), for each of the following
`years - 2012, 2013, 2014, 2015, 2016, 2017, and 2018.
`RESPONSE:
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`Please provide the lowest percentage of NAGS that Plaintiff has included on an invoice,
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`specifically identifying for each material and service performed, for each of the following years -
`2012, 2013, 2014, 2015, 2016, 2017, and 2018.
`RESPONSE:
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`Please identify the percentage of business that Plaintiff has conducted with customers
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`without comprehensive coverage versus the percentage of business Plaintiff has conducted with
`customers with comprehensive coverage, for the following years – 2012, 2013, 2014, 2015,
`2016, 2017, and 2018.
`RESPONSE:
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`Please provide the basis for why Plaintiff charges different insurance companies,
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`differing percentages of NAGS for the work performed.
`RESPONSE:
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`Sensitivity: Confidential
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`VERIFICATION
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
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`knowledge. Executed on this day of , 2018, as
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` of , on behalf of the company.
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`By: ________________________________
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`Printed Name: ________________________
`Title: _______________________________
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`STATE OF FLORIDA
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`COUNTY OF _________________
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`The foregoing was acknowledged before me this day of ,
`2019, by , as the of Plaintiff, who is _____
`personally known to me, or who has produced (type of
`identification) as identification, and who did/ did not take an oath.
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`__________________________________
`Notary Public
`State of Florida
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`Sensitivity: Confidential
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