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Fill and Sign the Rule 36 Requests for Admission Miss R Civ P 36casetext Form

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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI JUDICIAL DISTRICT PLAINTIFFVS. NO. DEFENDANTS REQUEST FOR ADMISSIONS TO DEFENDANTS COMES Plaintiff, and files this its Request for Admissions to Defendants, and pursuant to the Mississippi Rules of Civil Procedure. Each Defendant shall respond to each Request and shall admit or deny within thirty (30) days of receipt of same or objection shall be so filed. REQUEST #1: Please admit that Plaintiff first began to do business with in 20 . REQUEST #2: Please admit that business was not incorporated until REQUEST #3: Please admit that during Plaintiff's business relationship with you that you advised Plaintiff regarding his/her insurance needs. REQUEST #4:Please admit that Plaintiff relied upon you to acquire insurance for Plaintiff at reasonable rates. REQUEST #5: Please admit that Plaintiff relied upon you to obtain his/her Worker's Compensation Insurance from the day it first began to do business with you in 20 , until the Worker's Compensation obtained through you was terminated by Plaintiff. REQUEST #6:Please admit that Plaintiff relied upon you to obtain its Liability Insurance from the day it first began to do business with you in 20 , until the Liability Insurance obtained through your office was terminated by Plaintiff. REQUEST #7: Please admit that Plaintiff relied upon you to use reasonable efforts to see that Plaintiffs' Worker's Compensation coverage was not cancelled. REQUEST #8: Please admit that Plaintiff relied upon you to use reasonable efforts to see that Plaintiff's Liability Insurance was not cancelled. REQUEST #9:Please admit that you obtained Liability Insurance for Plaintiff from Insurance Company through the REQUEST #10: Please admit that the Insurance Policy referred to in Request #9, was issued and that the annual premium was $ REQUEST #11: Please admit that the deposit premium for the Commercial Union Insurance Policy referred to in Request #10 was paid by Plaintiff to your office. REQUEST #12: Please admit that the balance of the was paid .REQUEST #13: Please admit that sent a renewal notice for the through year, to Plaintiff with an annual premium of $ REQUEST #14: Please admit that Plaintiff paid the deposit premium to your office on the renewal policy referred to in Request #13. REQUEST #15: Please admit that the balance of the premium was paid to your office on . REQUEST #16: Please admit that issued a renewal notice for the year in 20 , stating an annual premium of $ REQUEST #17:Please admit that the premium amount of $ on the renewal notice of referred to in Request #16 was incorrect. REQUEST #18: Please admit that Plaintiff contacted you to advise of the incorrect premium. REQUEST #19: Please admit that you agreed to contact to resolve and correct the premium. REQUEST #20: Please admit that the deposit premium due on renewal of the Policy was paid by you and that you in turn transmitted same to REQUEST #21:Please admit that was ready, willing and able to pay a deposit premium on the Policy upon your request for same. REQUEST #22: Please admit that you did not request a deposit premium on the Policy from Plaintiff until REQUEST #23: Please admit that Plaintiff paid $ to you for a deposit premium for the Policy on the same date you invoiced it for same. REQUEST #24: Please admit that prior to , you had not requested or invoiced Plaintiff for the deposit premium on the Premium policy renewal. REQUEST #25: Please admit that the reason you had not requested a deposit premium from Plaintiff on the Policy renewal, was because the annual premium had not been resolved with REQUEST #26: Please admit that the deposit premium on the Policy should be % of the annual premium. REQUEST #27: Please admit that had instructed you to disregard the renewal notice which showed the premium to be $ REQUEST #28:Please admit that you contend that had not advised you to send the deposit premium on the policy until REQUEST #29: Please admit that you contend that you transmitted the deposit premium of $ less commissions to on or about . REQUEST #30:Please admit that you contend that refused to accept the deposit premium and returned same to you. REQUEST #31: Please admit that you contend that advised you that the policy would not be cancelled if the deposit premium were mailed on . REQUEST #32: Please admit that you contend that the accounting and underwriting departments of were not coordinating their efforts regarding the renewal policy. REQUEST #33: Please admit that the Policy was cancelled by effective . REQUEST #34: Please admit that refused to accept the deposit premium although it was tendered to them prior to the cancellation date of . REQUEST #35: Please admit that Mr./Ms. with Underwriting sent you a memorandum dated stating that the annual premium with the Policy was revised from $ to $ and that the deposit premium was $ . REQUEST #36: Please admit that , in the memo referred to in Request #35, stated that the deposit premium must be received by . REQUEST #37: Please admit that you did not advise Plaintiff of the memo referred to in Request #35. REQUEST #38: Please admit that you did not advise Plaintiff of the memo referred to in Request #35, because was revising the annual premium again. REQUEST #39:Please admit that you contend that you were not advised by of the final revised premium of $ until . REQUEST #40:Please admit that you did not collect a deposit premium from Plaintiff for the Policy with an annual premium of $ until . REQUEST #41: Please admit that the deposit premium due on the Liability Policy issued to the assigned risk plan should be % of the annual premium. REQUEST #42:Please admit that you collected % of $ as a deposit premium on the Policy. REQUEST #43: Please admit that you contend that advised you to collect $ , although had revised the annual premium to $ . REQUEST #44:Please admit that your failure to collect and forward the deposit premium to for the Policy constituted negligence. REQUEST #45: Please admit that you owed Plaintiff a duty to collect and forward the deposit premium to on a timely basis. REQUEST #46: Please admit that 's cancellation of the policy was improper.REQUEST #47: Please admit that you are authorized by to accept deposit premiums on its behalf. REQUEST #48: Please admit that you contend that verbally advised you on , that the deposit premium for the policy was received late. REQUEST #49:Please admit that you reapplied to the on .REQUEST #50: Please admit that the assigned risk plan rules and regulations require that Plaintiffs' coverage be replaced with , the carrier which had cancelled coverage. REQUEST #51:Please admit that Plaintiffs' coverage was not reassigned to but to the . REQUEST #52: Please admit that the reason Plaintiffs' coverage was not assigned to was because of your failure to advise the assigned risk plan that coverage had previously been with REQUEST #53: Please admit that the reason Plaintiffs' coverage was not reassigned to was because refused to accept reassignment. REQUEST #54: Please admit that the final rate of the Policy was approximately $ higher than the rate. REQUEST #55: Please admit that Plaintiff cancelled the Policy on .REQUEST #56: Please admit that Plaintiff was due a return premium upon cancellation of the Policy. REQUEST #57: Please admit that did not issue a return premium to Plaintiff until . REQUEST #58: Please admit that the assigned risk plan requires premium returns to be made within thirty (30) days of cancellation. Please admit that thirty (30) days was a reasonable amount of time for to calculate the return of premium. REQUEST #59: Please admit that failed to return the unearned premium within a reasonable time. REQUEST #60: Please admit that deducted from the return premium to Plaintiff unearned commissions. REQUEST #61: Please admit that insurance industry practice is to make return premiums to the insured without deducting unearned commissions. REQUEST #62:Please admit that you were paid by unearned commissions totaling approximately $ REQUEST #63:Please admit that you owe unearned commissions to Plaintiff or to REQUEST #64: Please admit that withholding unearned commissions paid to you from the unearned premium payment to Plaintiff was improper. REQUEST #65:Please admit that you advised that it was improper for them to withhold unearned commissions from the payment to Plaintiff. REQUEST #66: Please admit that refused to take action on your advice.REQUEST #67: Please admit that you received for Plaintiff a policy of insurance from , # in . REQUEST #68: Please admit that the premium for this coverage was paid through your office. REQUEST #69: Please admit that Plaintiff overpaid you for this coverage.REQUEST #70: Please admit that the amount of overpayment was approximately $ . REQUEST #71: Please admit that you forwarded the premium on this policy to , including the overpayment. REQUEST #72: Please admit that you were an agent of at the time you collected the excess premium from Plaintiff. REQUEST #73: Please admit that has returned the excess premium to you. REQUEST #74: Please admit that has returned a portion of the excess premium to you. REQUEST #75:Please admit that you owe Plaintiff the excess premium charged on the ' policy. REQUEST #76: Please admit that cancelled Plaintiffs' Workers Compensation coverage effective REQUEST #77: Please admit that cancelled Plaintiffs' Workers Compensation coverage based upon premium payments it alleged were passed due. REQUEST #78: Please admit that sent correspondence to Plaintiff dated , advising Plaintiff that certain premium payments had not been paid. REQUEST #79: Please admit that Plaintiff contacted you to contact about the premium payments. REQUEST #80: Please admit that you requested an explanation from in the form of an accounting concerning premiums due. REQUEST #81: Please admit that did not provide you with an accounting as requested. REQUEST #82: Please admit that did not respond to the request for an accounting. REQUEST #83: Please admit that despite your request for an accounting cancelled the Workers Compensation coverage effective . REQUEST #84: Please admit that had ample time to provide Plaintiff with an accounting prior to the cancellation of . REQUEST #85: Please admit that you did not advise Plaintiff that the disputed premiums alleged were unpaid had to be paid in order to avoid cancellation. REQUEST #86:Please admit that Plaintiff had actually paid the premium in the amount of $ to , which alleged was unpaid, and showed its cancelled check to you. REQUEST #87: Please admit that you advised that the alleged premium due in the amount of $ had been paid and provided them with the cancelled check. REQUEST #88:Please admit that did not respond or reply after you provided it with the cancelled check referred to in Request #87. REQUEST #89: Please admit that maintains a formal policy of not advising insureds names of people to contact about questions concerning an insured's policy, premium notices, cancellation notices and the like. REQUEST #90: Please admit that organizational structure makes it difficult for insureds to determine how to contact it regarding the insured's policy written by . REQUEST #91:Please admit that does not provide insureds with telephone numbers to call if the insured has questions about a premium statement, notice of cancellation or other like information. REQUEST #92: Please admit that during the period of time wrote insurance for Plaintiff, did not advise you of the names of people or their location, address or telephone number to contact regarding questions about policies it had issued. REQUEST #93: Please admit that relies upon its agents to resolve or answer questions which an insured may have regarding a policy. REQUEST #94: Please admit that during the period of time wrote insurance for Plaintiff, the only time you were given a name and telephone number of a particular person to contact was if a dispute arose between the insured and . REQUEST #95:Please admit that maintains a policy of refusing to allow its employees to discuss an insured's insurance with the insured's attorney. REQUEST #96:Please admit that maintains a policy that requires that the insured give written notice to that the insured consents to discussing the insured's policy with the insured's attorney. REQUEST #97: Please admit that maintains a policy of not relying on a written statement by an attorney that he/she represents an insured. REQUEST #98:Please admit that makes no effort to contact the insured regarding the authority of an attorney to discuss his/her policy. REQUEST #99: Please admit that policy referred to in Request # if same existed is burdensome to insureds. REQUEST #100: Please admit that policy referred to in Request # if same existed is burdensome to insureds. REQUEST #101: Please admit that you reapplied to the National Counsel Compensation Insurance for Worker's Compensation insurance on , after cancellation by on . REQUEST #102: Please admit that Plaintiff relied upon you to acquire Worker's Compensation coverage after terminated his/her coverage. REQUEST #103:Please admit that you failed to properly complete the application for Worker's Compensation coverage after cancellation with . REQUEST #104: Please admit that you failed to enclose a deposit with the Worker's Compensation Application mailed to the counsel after cancellation of the policy. REQUEST #105:Please admit that did not signed the application which was reportedly signed by him/her for the Worker's Compensation coverage. REQUEST #106:Please admit that did not authorize you to sign his/her name to the Worker's Compensation Application. REQUEST #107: Please admit that if the Worker's Compensation Application had been properly completed, signed and a deposit premium enclosed, that coverage would have been bound for REQUEST #108: Please admit that if the deposit premium had been enclosed that coverage would have been bound for regardless of the correctness of the application. REQUEST #109:Please admit that you did not invoice Plaintiff for the Worker's Compensation deposit premium until REQUEST #110: Please admit that you did not advise Plaintiff that applications were being submitted for Worker's Compensation coverage in . Please admit that did not advise Plaintiff that the disputed premiums must be paid and the dispute resolved later in order to avoid cancellation. REQUEST #111: Please admit that you advised Plaintiff that its Worker's Compensation coverage would not lapse. REQUEST #112: Please admit that you advised Plaintiff that there would be no gap between policies wherein it would be without Worker's Compensation coverage. REQUEST #113:Please admit that Plaintiff did not learn that it had experienced a gap in Worker's Compensation coverage until claims filed which accrued between and were denied. REQUEST #114:Please admit that Plaintiff attempted to negotiate in good faith with regarding premiums alleged were due on its Worker's Compensation Policy. REQUEST #115: Please admit that overcharged Plaintiff for Worker's Compensation coverage by approximately $ due to erroneous modification rate. Respectfully submitted,_______________________________________ Attorney for Of Counsel: Telephone: MSB # Attorney for

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