Fill and Sign the Accident Insurance Company Form

IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA _____________________________,* * Plaintiff,* * vs. * * _____________ LIFE AND *CIVIL ACTION NO.:ACCIDENT INSURANCE COMPANY; * CV-99-__________________________________; JOHN DOE I; *JOHN DOE II; JOHN DOE III; JOHN *DOE IV; and JOHN DOE V, who are *those individuals, corporations, *insurance companies, proprietorships, *partnerships, or other entities whose*names and identities are otherwise *unknown at this time by the *Plaintiff but who will be added by *amendment when ascertained and*who participated in the sale, *servicing, handling and/or *canceling of certain insurance *policies issued by _____________ *Life and Accident Insurance Company, *to, or on behalf of Plaintiff *and/or who participated in acts or *omissions that caused damage to those *policies or the value thereof or in the *future performance of those policies *and/or who engaged in a conspiracy or *participated in acts or omissions which *involved said policies and/or who *participated in the rolling of certain *policies into _____________ policies *and/or who participated in a cover-up *or conspiracy of silence to withhold *from the Plaintiff information about *his policies, * * Defendants.* INTERROGATORIES TO DEFENDANT, _____________ LIFE AND ACCIDENT INSURANCE COMPANY (SET ONE) The following Interrogatories are propounded to Defendants, _____________ Life and Accident Insurance Company (hereinafter “_____________”), and are to be answered within forty-five (45) days of service hereof: DEFINITIONS 1. The term “documents” means: all writings of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise, and whether printed, recorded, created or reproduced by any mechanical means or process, or written or produced by hand, including, but not limited to: agreements; contracts; drafts of agreements or contracts; written material referencing oral agreements or contracts; confirmatory memoranda; letters of intent; orders; purchase orders; communications; messages; correspondence; personal calendars (whether written electronically or computerized); letters; postcards; telegrams; teletypes; telefax; mailgrams; tape recordings; memoranda; diaries (whether written, electronic or computerized); summaries; notes or other typed or written records; files; intra-office and interoffice memoranda and communications; personal memoranda; photographic slides; pictures; motion picture films; photographic film; microfilm; microfiche; newspapers; magazines; charts; graphs; drawings; bookkeeping entries; account summaries or statements; financial statements; balance sheets; invoices; bills; orders; receipts; bank record of all types; notes of interviews; statements of witnesses; findings of investigations; reports of experts who are expected to be called to trial; materials furnished to experts expected to be called to trial, cassettes; micro cassettes; computer discs; pamphlets; bulletins; posters; blueprints; drawings; recommendations; safety books; safety manuals; written or printed warnings; test results; opinions or conclusions from test results or investigations; and letters.2. “Identify,” when referring to a document request, means that the following information be supplied: (a) A description of the document;(ii)The date of the document;(iii)The name or names of any individual who may have authored the document or provided information for the document;(iv) The name or names of any individual to whom the document was sent;(v) A general description of the subject matter of the document; and (vi) The name or names of any person who sent the document. 3.“Identify,” when using reference to a person or company or entity, requests that the following information be supplied: 1.The correct name and address of that person or entity;(b) The correct name and address of that person’s employer and job title if reference is made to that person;(c) If the information requested contains the name of a person that is no longer employed or associated with Defendant then Defendant or its attorneys should supply not only the correct name and last known address of that person but that person’s date of birth, social security number and last known employer. 4. “_____________” means _____________ Life and Accident Insurance Company, its employees, agents, adjusters, consultants or sales consultants.5.“(Agent)” means __________________. INSTRUCTIONS 1.Wherever information is requested, the request should be deemed to include information available to this Defendant, its past and present insurance carrier or carriers, its attorneys and all officers, agents and/or employees of this Defendant.2. Should this Defendant deem any documents to be privileged, Defendant shall list such documentation in the manner above indicated, and in addition to supplying the above-noted information concerning such documents, Defendant shall indicate what privilege is claimed and shall briefly state the ground on which the claim of privilege rests, in order that the Plaintiff may have the factual basis to determine whether or not such documents are, in fact, privileged. * * * * * * * * * * (i) 1.State the following information about lawsuits against _____________ in Alabama filed between the years 1988 and 1998 involving allegations of fraud in the sale and/or servicing of whole life policies and/or Flexible Premium Adjustable Life policies: (ii) Complete style of the case including case number and county where filed;(b) Name and address of plaintiff’s attorney;(c) A summary of the facts as alleged by the plaintiff; (d) Names and addresses of all agents or employees mentioned in the plaintiff’s complaint; and (e) Disposition of the case.RESPONSE: 2.Identify by name, address, date of birth, and Social Security Number, all individuals who made any complaints to _____________ about (agent) during his years as an agent for _____________, and provide the dates and substance of those complaints. RESPONSE: 3. Identify by name and address all individuals who have any factual information regarding the allegations in Plaintiff’s Complaint, and set forth the substance of their knowledge or what _____________ or its attorneys have been told or understand. RESPONSE: 4. Identify by name, address, date of birth and Social Security Number, the person or persons who provided any training to (agent) as to how to sell and service whole life policies and Flexible Premium Adjustable Life policies. RESPONSE: 5. State the name and address of any person that Defendants expect to call as an expert witness at trial, and state: (a) The subject matter on which the expert is expected to testify; (b) The substance of all facts and opinions to which the expert is expected to testify; and (c) A summary of the grounds for each such opinion. RESPONSE: 6.For the period of time that the Flexible Premium Adjustable Life policy was sold by _____________, provide: (e)Each interest rate applied or credited to the policy, with the dates that same applied;(f)State the interest rate being paid to the policy at the time the Plaintiff purchased his policy;(g)State the interest rate which was used by the agent to illustrate to the Plaintiff the performance of the 1994 policy; and,(h)State the current interest rate that should have been used by the agent to illustrate the performance of said policy (premium “vanishing” and cash build-ups).RESPONSE: 7.Identify (see definitions above) each person with _____________ who played a role in determining the interest rate to be applied or credited to the policy for the period of time of 1983 to 1998 and supply that person’s position with _____________. RESPONSE: 8.If such person(s) above are no longer employed by or associated with _____________, provide their former position or title and their current business and residence address, social security number and date of birth. RESPONSE: 9.For the period of time that the Flexible Premium Adjustable Life policy was sold by _____________ (to the present), provide the name and a description of each asset that made up _____________’s investment portfolio, along with its cost basis and any changes in value, that was used to pay the interest to the policy. RESPONSE: 10. Identify (see definitions above): (e) Any actuary or officer with _____________ whose job it was to provide data and information for determining the interest rate to be applied between 1983 and the present to the 1994 policy; and(f)Any person who played a role in determining the interest rate(s)/dividend(s) applied to the policy. RESPONSE: 11.Identify and provide the job title of all individuals who performed any “Flesch” test or “Flesch” analysis on the following documents, and provide the date of same and the results for each:(a) The type of policy involved in this litigation;(b) The Statement of Policy Cost and Benefit Information;(c) Any Annual Statement allegedly provided to Plaintiff;(d) Any letter which may have allegedly accompanied any Annual Statement to Plaintiff; (j) Any letter that may have been sent semi-annually or annually to update the Plaintiff as to the status of his policy; (k)(l)Any illustration shown to Plaintiff; and,(m) Any other document provided to Plaintiff.RESPONSE: 12.Identify any _____________ officer or actuarial or other employee who made any complaint or voiced any concern about the effect that declining interest rates would have upon: 5.The number of years premiums had to be paid on the 1988 and 1994 policies before they were paid up and/or would pay for themselves;(f)Any promised cash build-ups on both policies. RESPONSE:JOHN DOE & ASSOCIATES, P.C.Attorneys for Plaintiff Post Office Drawer_____Mobile, Alabama _____(334) ________ BY:_______________________________ Plaintiff’s attorney Attorney number TO BE SERVED WITH COMPLAINT