Doe v. United Services Life Insurance Company

IN THE CIRCUIT COURT OF COUNTY, ALABAMA

Plaintiff,

VS.

REQUESTS FOR PRODUCTION OF DOCUMENTS
TO DEFENDANT, (AGENT)

(SET ONE)

The following Requests for Production of Documents are propounded to Defendant,

(Agent) (hereinafter “(Agent)”), and are to be responded to 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.

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1. Produce any report, correspondence, or other document received from or generated by, any expert to be used at trial in this matter by (agent)/(insurance company).

RESPONSE:

2. All correspondence, writings, memos, or other papers forwarded to Plaintiff from you.

RESPONSE:

3. All correspondence, writings, memos or other papers sent from Plaintiff to you.

RESPONSE:

4. All correspondence, writings, memos or other papers in your possession referring and/or relating to Plaintiff and/or Plaintiff's policies with

RESPONSE:

5. Produce any listing you have showing the identities and any other information concerning customers of yours while you were with

RESPONSE:

6. Documents relating to your separation or termination from employment with

RESPONSE:

7. Produce all manuals, underwriting guides, guidelines, pamphlets and other documents that were given to you while an agent which explain company policies and procedures, and how to sell and service life policies.

RESPONSE:

8. Produce copies of depositions or sworn statements taken of you in any other litigation.

RESPONSE:

9. Production is requested of the hardware and software used by you at the time of the sale of the 1988 and 1994 policies to Plaintiff.

RESPONSE:

10. Produce all documents you gave to the Plaintiff at the time of the 1988 and 1994 sales.

RESPONSE:

11. Produce all documents you showed Plaintiff at the time of the 1988 and 1994 sales.

RESPONSE:

12. Produce any training and/or instructional literature provided or available to you about how the Whole Life and Flexible Premium Life policies function, and the risks or disadvantages of same.

RESPONSE:

TO BE FILED WITH COMPLAINT