Fill and Sign the In the Circuit Court of Lowndes County Alabama Alcom Form

IN THE CIRCUIT COURT OF _______ COUNTY, ALABAMA __________________, **Plaintiff,**vs. *CIVIL ACTION NO.:*_________________________, *CV-______et al., **Defendants.* MOTION TO COMPEL ________INSURANCE COMPANY TO RESPOND TO PLAINTIFF=S REQUESTS FOR PRODUCTION FILED ON APRIL 21, 1999 COMES NOW Plaintiff, __________________, by and through counsel, and moves this Court to compel the Defendant, ________Insurance Company (hereinafter A_______@), to answer the Requests for Production propounded by the Plaintiff as stated above. In support hereof, Plaintiff states as follows:1. Plaintiff filed the above Requests on or about the above date, and received responses from Defendant ________on or about May 13, 1999.. 2._______=s responses were only objections to every request. The objection was canned and was the same for each request. Plaintiff =s requests are as follows:1. All Universal Annuity Life I, Universal Annuity Life III, Flexible Premium Adjustable Life, Universal Retirement Plan, and Accumulator Policy applications received from Alabama residents and taken by _____________ between 1992 and 1998.2.All Universal Annuity Life I, Universal Annuity Life III, Flexible Premium Adjustable Life, Universal Retirement Plan, and Accumulator Policy applications received from residents of the State of Alabama and taken by any other _______ agent between 1992 and 1998.3. All Universal Annuity Life I, Universal Annuity Life III, Flexible Premium -2- Adjustable Life, Universal Retirement Plan, and Accumulator Policy applications received from residents of Florida, Georgia, and Virginia and taken by _____________ between 1992 and 1998.4.Documents received from the Florida Department of Insurance between the years 1992 and 1999 that make or relate to a complaint against _____________.5.Documents received from the Georgia Department of Insurance between the years 1992 and 1999 that make or relate to a complaint against _____________.6.Documents received from the Virginia Department of Insurance between the years 1992 and 1999 that make or relate to a complaint against _____________.7.Documents received from Alabama policyholders between 1992 and 1999 which make complaints against _____________.8.Documents received from any other policyholder between 1992 and 1999 which make complaints against _____________.9.Documents received from the Georgia Department of Insurance between the years 1992 and 1999 that make or relate to a complaint against _______, ____, or ______.10.Documents sent to the Georgia Department of Insurance relating to a complaint made about _______, ____, or ______, between 1992 and 1999.11. Documents sent to an Alabama policyholder between 1992 and 1999 relating to a complaint made about _____________.12.Documents sent to any other policyholder between 1992 and 1999 relating to a complaint made about _____________.13. Documents sent to the Georgia Department of Insurance and /or any Georgia resident between 1992 and 1999 relating to a Complaint made about _____________.14.Documents sent to the Florida Department of Insurance, and/or any Florida resident between 1992 and 1999 relating a Complaint made about _____________.15Documents sent to the Virginia Department of Insurance, and/or any Virginia resident between 1992 and 1999 relating a Complaint made about _____________.16Documents relating to and regarding any fraud lawsuit filed against LifeUSA -3- between 1992 and 1999 wherein the allegations involved _____________.17Any depositions and sworn statements taken of _____________ in lawsuits filed between 1992 and 1999.3. The objection that LifeUSA filed for every request is: Objection. This request for production seeks documents that are neither relevant nor reasonable calculated to lead to the discovery of relevant evidence. Additionally, it is overly broad, unduly burdensome and seeks information that is beyond the scope of A.R.C.P. 26. Further, it seeks documents that contain proprietary information and confidential customer information. Moreover, it seeks documents that contain information that is beyond the scope of the issues involved in this lawsuit.4.These limited requests seek pattern and practice evidence as to _______=s involvement in and sanctioning of their Agents= misrepresentations and concealment as to other persons of pertinent information as misrepresented to and concealed from the Plaintiff in this matter. Counsel for the Plaintiff recently reviewed documents in the possession of the Alabama Department of Insurance as to _______ and its agents which revealed that still another, completely different agent for _______ has made the almost identical misrepresentations and concealments to at least one other person, as _______ and ______ made to the Plaintiff in this case. (Copies of those documents are attached hereto as Exhibit A)5. Under the recent case of Ex parte Union Security Life Ins. Co., 723 So.2d 34 (Ala. 1998), Plaintiff is clearly entitled to the documents requested. Id., at 37-38. In the Union Security case the Alabama Supreme Court held that the trial court had not abused its discretion in ordering Union Security to produce to the Plaintiff AAll credit life and/or credit disability -4- applications received from residents of the State of Alabama in 1993, 1994, 1995, 1996, and 1997.@ and AAll consumer complaints in the State of Alabama for 1993, 1994, 1995, 1996, and 1997 relating in any way to credit life and/or credit disability insurance policies.@ Id., at 36.(emphasis added) (This case is attached hereto as Exhibit B) Plaintiff=s requests in this case are almost identical to these. Plaintiff does, however, further seek information as to ____ in the three other states he was licensed to sell insurance in because he was a non-resident agent in Alabama. 6. As stated, this case involves insurance fraud where the Plaintiff alleges fraudulentmisrepresentations and suppression/concealment in the sale to her of a life insurance policy by the Defendants. Alabama law is clear that discovery of past or present clients of the company involved and their dealings with the company=s other agents in order to show the underlying fraud and a pattern and practice of the Defendants is allowed. Ex parte Union Security, 723 So.2d at 36; Ex parte Horton, 711 So.2d 979 (Ala. 1998); Ex parte Howell, 704 So.2d 479 (Ala. 1997); Ex parte Pate, 678 So.2d 762 (Ala. 1996). 6.Further, because of the Supreme Court recently giving the factor of reprehensibility of a defendant= s conduct greater significance than it previously had, the plaintiff has a Aneed for broad pre-trial discovery that might lead to evidence of similar misconduct of the defendant@. Horton, 711 So.2d at 979.7.Counsel for plaintiff has conferred with counsel for Defendant, and has not been able to work out a resolution of the matters at issue in this Motion. Consequently, Plaintiff has filed this Motion for decision by the Court. WHEREFORE, Plaintiff respectfully requests that this Court grant Plaintiff=s Motion to -5- Compel, and Order Defendant to produce the documents requested within ten (10) days from the date of said Order. JOHN DOE & ASSOCIATES, P.C.Attorneys for PlaintiffPost Office Drawer ____Mobile, Alabama _____(334) BY:______________________________________Plaintiff=s attorenyAttorney=s number CERTIFICATE OF SERVICE I hereby certify that I have on this _____ day of May, 1999, forwarded a copy of the foregoing by United States Mail, first class postage prepaid, and properly addressed to the following:Defense counsel______________________________Plaintiff=s attorney