Fill and Sign the Clerk of Court 13th Judicial Circuit Mobile County Alabama 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, (AGENT)(SET ONE) The following Interrogatories are propounded to Defendant, (Agent) (hereinafter “(Agent)”), 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 description of the document;()The date of the document;()The name or names of any individual who may have authored the document or provided information for the document;() The name or names of any individual to whom the document was sent;() A general description of the subject matter of the document; and () 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: ()The correct name and address of that person or entity;() The correct name and address of that person’s employer and job title if reference is made to that person;()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. * * * * * * * * * * 1. State the number of lawsuits filed between 1984 and 1998 in Alabama where you were/are a Defendant, and/or a selling or servicing agent of the Plaintiff, which involve allegations of fraud, deceit, suppression of fact, omission of fact, etc. regarding the sale and servicing of whole life, adjustable life, and flexible premium life policies. In that regard, please provide:(a)The style of the case including the Court where it was filed, along with the civil action number;(b)The name and address of the attorney or attorneys who represented the plaintiffs;(c) A summary of the facts as alleged by the plaintiffs;(d)The name of all agents or employees who allegedly committed fraud; and(e)The disposition of the case. RESPONSE: 2.State your date of hire with ________________ and your date of separation from employment with that Company. RESPONSE: 3.Identify (see Definitions above) all individuals to whom you sold an ________________ life insurance policy between 1988 and 1998. RESPONSE: 4. Identify (see Definitions above) all policyholders who made any complaints about you as an agent for ________________, and provide the dates and substance of those complaints. RESPONSE: 5.Identify (see Definitions above) the person or persons with ________________ who provided any training to you as to how to sell and service Whole Life and Flexible Premium Life insurance policies. RESPONSE: 6.State everything you told Plaintiff during the sales and delivery of the 1988 and 1994 insurance policies involved in this litigation, and state or provide:(a)The dates or times for each communication; (b)The method of communication i.e., in person, by phone, by correspondence, etc.; and (c)The identity of those who were present when such statements were made. RESPONSE: 7.Did you sign the Plaintiff’s name to any transactional document or insurance document involved in this litigation? If so, identify the document that you signed and provide the reason why you signed Plaintiff’s name to such document. RESPONSE: 8.Identify each document you showed to Plaintiff at the time of sales of the policies and state:(a)Who you showed it to, and the date; and (b)What you told the Plaintiff about it. RESPONSE: 9.State the circumstances under which you left employment with ________________ and the date on which same occurred. RESPONSE: 10.State the name and address of any person that you 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: 11.State everything you told the Plaintiff about his 1988 and 1994 ________________ policies when you made the sales calls to him as an ________________ agent between 1988 and 1998. RESPONSE: JOHN DOE & ASSOCIATES, P.C.Attorneys for PlaintiffPost Office Drawer ___________, Alabama _____(___) ________BY:______________________________________ Plaintiff’s attorneyAttorney’s number TO BE FILED WITH COMPLAINT