Plaintiff Joe Innocent submits the following Non-Pattern Interrogatories, Requests for Production of Documents, and Requests for Admission to Defendant Progressive Casualty Insurance Company, pursuant to C.R.C.P. 16(b)(1)(IV), 26, and 33(e).
Section 1. Instructions to All Parties
(a) These are general instructions. For time limitations, requirements for service on other parties, and other details, see C.R.C.P. 16(b)(1)(IV), 26, 33, 121 § 1-12, and the cases construing those Rules.
(b) These interrogatories do not change existing law relating to interrogatories nor do they affect an answering party’s right to assert any privilege or objection.
Section 2. Instructions to the Answering Party
(a) An answer or other appropriate response must be given to each interrogatory checked by the asking party.
(b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See C.R.C.P. 33 for details.
(c) Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible.
(d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party.
(e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found.
(f) Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information.
(g) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: “I declare under penalty of perjury under the laws of the State of Colorado that the foregoing answers are true and correct.”
(DATE) _____________ (SIGNATURE) ____________________________
Section 3. Definitions
Words in BOLDFACE CAPITALS in these interrogatories are defined as follows:
(a) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding.
(b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf.
(c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.
(d) DOCUMENT means a writing, as defined in CRE 1001 and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.
(e) HEALTH CARE PROVIDER includes any PERSON or entity referred to as a “Health Care Professional” or “Health Care Institution” in C.R.S. 13-64-202(3) and (4).
(f) ADDRESS means the street address, including the city, state, and zip code.
1. Identify (name, address and telephone number) all local, district, regional or home office employees or agents of your company who assisted, in any way, in the handling of this claim or acted in the supervisory fashion and the handling of Plaintiff’s UM claim.
2. Identify by jurisdiction, case name and number, and all attorneys involved, all deposition testimony of claims adjustors, managers, or supervisors who were involved in adjusting this claim from five years before the Plaintiff’s accident until today.
3. With regard to interrogatory to Number 1, please describe in detail the actions each of these agents, employees, or representatives took in processing Plaintiff’s UM claim.
4. Identify by name, civil action number, and attorneys involved, all cases filed against Progressive Insurance Company which alleged, in any manner whatsoever, that it committed bad faith, breach of contract, or Colorado Consumer Protection Act violations within the last five years in the state of Colorado.
5. Please explain how Progressive Insurance Company calculated or arrived at the $0 extended to Plaintiff including in your response a detailed listing of all information relied on in making this offer.
6. Does Progressive Insurance Company believe that $0 is a reasonable amount to offer Plaintiff in settlement of his UM claim.
7. Please state whether Progressive Insurance Company employed a policy, during the time in which Plaintiff’s claim was originally evaluated, which in any manner ties any employees, including management, compensation, benefits or hope of advancement to their ability to reduce claim payments or lower the combined ratio.
8. Please describe in detail what Progressive Insurance Company did to value Plaintiff’s claim.
9. Please state the amount that Progressive Insurance Company has valued Plaintiff’s claim.
10. Please specify the methods and criteria for setting reserves and settlement evaluations for UM claims.
REQUEST FOR ADMISSIONS
1. Admit that under insurance industry standards Progressive Insurance Company should not profit through its claims handling practices, but rather must make its profits through its other operations.
2. Admit that Progressive Insurance Company has implemented policies during the time period relevant to Plaintiff’s claim in which it sought to increase corporate profits through its claims handling practices.
3. Admit that Progressive Insurance Company has accused Plaintiff of contributory or comparative fault in the auto accident even though it knew that their was no comparative fault.
4. Admit that Progressive Insurance Company evaluated Plaintiff’s underinsured motorist claim to have a value greater than the $0 amount offered.
REQUEST FOR PRODUCTION
1. Please produce all documents relating in any way to Plaintiff’s claim including but not limited to, any and all claim file materials including field file and the master file, log notes, reserve history, colossus work sheets, dissection reports, SIU documentation or any other documentation related to use of colossus or other claims software on Plaintiff’s claim, any internal memoranda, electronic mail, or correspondence between or among the claims handling personnel, and any supervisor personnel and/or any attorneys before suit was filed.
2. Please produce all complaints filed against progressive Insurance Company or any related companies, its parent companies or subsidiaries and any follow up correspondence in the last seven years with the Colorado Division of Insurance.
3. Please produce complete copies of all claims manuals or training manuals by whatever name known, or other materials that address the handling of liability or UM claims.
4. Please produce copies of all market conduct surveys performed by the Colorado Division of Insurance within the last ten years in Progressive Insurance Company or any related companies, its parent companies or subsidiaries.
5. Please produce a complete copy of all claims bulletins, directives, guidelines or memorandum issued including QA guidelines that relate in any way to the adjusting of claims in Colorado.
6. Please produce all the documents relied in answering the interrogatories requested herein.
7. Please produce the complete employment files of Tanya Sorge or any other Progressive Insurance Company employee, manager, or supervisor involved in adjusting Plaintiff’s UM claim. This file should include all performance and development plan and reviews (PP&R), quality assurance audits or other employment reviews, as well as pledges or oaths signed by the respective employee and letters of complaint from insured’s or otherwise.
8. Please produce all documentation reciting company philosophies and policies regarding claims handling policies, providing service to policy holders, good/bad faith claim handling practices, extra contractual damages and suits, compliance with unfair claims practices statutes, wrongful claims handling, and employee handbooks or orientation materials.
9. Please produce copies of any documents addressing goals, training or meetings for claims adjustors.
10. Please produce all Pacman notes and case notes evaluations and worksheets.