Poulos v Allstate Litigation: Object's to Request to Produce

7/27/2019 Poulos v Allstate Litigation: Object's to Request to Produce

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IN THE CIRCUIT COURT OF THESEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR

BROWARD COUNTY, FLORIDA

STEVEN POULOS,

Plaintiff,

vs. CASE NO.: 11-23833

ALLSTATE INSURANCE COMPANY,RMK INSURANCE GROUP, INC. and

JOSE KUDJA, individually, and, REBECCAKUDJA, individually

Defendants.

/

DEFENDANT, ALLSTATE INSURANCE COMPANYS,

OBJECTIONS TO NUMBERS 1 19 AND 33 40

OF PLAINTIFFS SECOND REQUEST TO PRODUCE

The Defendant, Allstate Insurance Company, hereby responds to numbers 1 19 and 33

401

of Plaintiffs Second Request to Produce, dated May 1, 2013, as follows:

REQUEST FOR PRODUCTION NO. 1:

Any and all documents, correspondence, emails, notes, interoffice memoranda,

intraoffice memoranda, etc. from January 1, 2010 through and including August 31, 2012, toRichard Cairns in regards to the KUDJA GROUP which advised Richard Cairns that the KUDJA

GROUP had violated Section XVII.b.3 of the Exclusive Agency Agreement, to wit: Thecompany may terminate the agency agreement with cause cause may include but is not limited

to breach of this agreement, fraud, forgery, misrepresentation or conviction of a crime.

A. This production should include, but not limited to, all correspondence between

Richard Cairns and employees of ALLSTATE leading to the determination thatthe KUDJA GROUP AGENCY should be terminated.

B. All lists of policies that were reviewed by ALLSTATE employees prior to or afterthe determination was made that the KUDJA GROUP had violated its agencyagreement specifically including but not limited to the falsification of company

document or other company related items.

1Allstate served responses to numbers 20 32 on July 5, 2013.


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C. Any notices, memoranda or other documentation to terminate, not renew orincrease premiums relating to policies which were underwritten by the KUDJA

GROUP. Said notices, memoranda or other documents include but are not limitedto intraoffice memos, letters and/or notices to policy holders and notices and/or

warnings that were sent by ALLSTATE to the KUDJA GROUP.

D. Any audits performed by ALLSTATE regarding the KUDJA GROUPs policies.

E. Any investigations made by ALLSTATE (documents, reports, notes, emails, etc.)providing Richard Cairns the underlying information of the KUDJA GROUPs

violation of the agency agreement.

RESPONSE:

Allstate objects to this request on the grounds that it is vague, ambiguous, overbroad,

unduly burdensome, and seeks documents which are irrelevant, not reasonably calculated to lead

to the discovery of admissible evidence, confidential, proprietary, work product and privileged.

Allstate is still reviewing and searching for documents and will produce non-objectionable

responsive documents it discovers to Plaintiff. Allstate reserves the right to amend or

supplement these objections based on its review of any documents.


Any and all documents, correspondence, emails, notes, interoffice memoranda,

intraoffice memoranda, etc. from January 1, 2010 through and including August 31, 2012,between ALLSTATE and KUDJA GROUP advising the KUDJA GROUP:

A. Policies which were written had irregularities including but not limited to issuesraised by underwriting, rejection of policies by underwriting and/or request for

clarification regarding issues in the policy by underwriting, specifically includingbut not limited to the policies identified in paragraph 1.B. above.

B. Which policies were the basis for the termination of the agency agreement on

August 4, 2010.

C. Providing the KUDJA GROUP warning(s) to the KUDJA GROUP regardingpolicies being written as improper, fraudulent, or with questionable underwriting

guidelines.

D. Of an audit and its findings regarding the policies written by KUDJA GROUP.


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RESPONSE:








Any and all internal memoranda, interoffice memoranda and/or intraoffice memoranda,

emails by and between Richard Cairns, Nidia Pita, Janice Brown-Francois, Debra Shea, MikeSheely regarding the sale of the economic interest in the book of business in the KUDJA

GROUP from July 1, 2010 through and including December 31, 2010.

RESPONSE:








Any and all documents, correspondence, letters, emails, internal memoranda, interoffice

memoranda, intraoffice memoranda, etc. from Richard S. Cairns to the KUDJA GROUP

between August 4, 2010 and October 1, 2010, regarding the sale of the economic interest in theKUDJA GROUPs book of business including, but not limited to, any emails from the KUDJAGROUP requesting ALLSTATE sell their book of business or any solicitations by Richard S.

Cairns to sell their book of business.


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RESPONSE:









memoranda, intraoffice memoranda, etc. from Debra Shea, Richard Cairns, Laura Kaplan to, orfrom, the KUDJA GROUP between August 1, 2010 and October 30, 2010, providinginformation that the economic interest in the book of business of the KUDJA GROUP is for sale,

and what, if any information is to be provided to prospective agents regarding the agency as aviable business, including whether any information should be provided to the prospective buyer

that the agency was closed and the reasons the agency was closed.

RESPONSE:








Any and all documents, pamphlets, correspondence, letters, emails, internal memoranda,interoffice memoranda, intraoffice memoranda, etc. between December 1, 2009 through and

including December 31, 2010, regarding the method ALLSTATE utilizes to determine bonusesfor the territory defined as the State of Florida and for salaried employees of ALLSTATE in the

State of Florida.


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RESPONSE:








Any and all documents, pamphlets, correspondence, letters, emails, internal memoranda,

interoffice memoranda, intraoffice memoranda, etc. between December 1, 2009 through andincluding December 31, 2010 which establish the method ALLSTATE utilizes to determine

whether a territory defined as the State of Florida and for salaried employees of ALLSTATE hasreached its sales goals and what the sales goals were, including but not limited to any hiring

quotas, policy/premium retention quotas issued by ALLSTATE.

RESPONSE:








Any and all documents, pamphlets, correspondence, letters, emails, internal memoranda,interoffice memoranda, intraoffice memoranda, etc. between December 1, 2009 through andincluding December 31, 2010 which defines what occurs to an agencys economic interest in its

book of business if the book of business is repurchased by ALLSTATEs corporate entity,defining whether the sales and premiums from said book of business is considered as part of the

territory defined as the State of Florida reaching its sales goals and/or goals necessary forbonuses to be paid to the salaried employees of the territory. The documents shall also include


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but not be limited to any financial affect the sale of the economic book of business back to thecorporate entity may have on the State of Florida territorys budget.

RESPONSE:








Any and all documents, correspondence, letters, emails, internal memoranda, interofficememoranda, intraoffice memoranda, etc. from Laura Kaplan regarding her lunch meeting with

Plaintiff, STEVEN POULOS, between August 1, 2010 and September 1, 2010 including, but notlimited to, Laura Kaplans calendar for the month of August reflecting any meetings with Steve

Poulos or the KUDJA GROUP and any notes or memoranda relating to said meeting(s).

RESPONSE:









memoranda, intraoffice memoranda, etc. to, or from, Debra Shea from August 1, 2010 throughDecember 31, 2010, including but not limited to correspondence, to or from, Steven Poulos,

Janice Brown-Francois, Richard S. Cairns, Nidia Pita, Laura Kaplan regarding the Plaintiffsinquiry about the KUDJA GROUPs closed agency status and the reason for same. Said

documents shall include any notices, emails, documents or otherwise Debra Shea received


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including the documents reflecting that RMK INSURANCE GROUP was terminated forfalsification of company documents or any other basis for termination of the KUDJA GROUP.

RESPONSE:








Any and all documents, correspondence, letters, emails, internal memoranda, interofficememoranda, intraoffice memoranda, etc. between August 1, 2010 and December 31, 2010 from

Richard S. Cairns to Debra Shea, Laura Kaplan, Nidia Pita, Janice Brown-Francois or fromDebra Shea, Laura Kaplan, Nidia Pita, Janice Brown-Francois or Debra Shea to Richard Cairns

regarding what information the Plaintiff was to be provided regarding the KUDJA GROUPincluding, but not limited to:

A. The reasons the agency was closed.

B. Whether that information was to be withheld.

C. What policies, if any, were to be terminated. What policies if any wereimproperly written.

D. The losses the business would suffer as a result of the policies being falsified.

E. What communication, if any, should be made with the KUDJA GROUP.

F. Which employees should contact the KUDJA GROUP (any documents

memoranda codifying the conversation with the KUDJA GROUP).

G. What agencies would be servicing the KUDJA GROUP policies.

H. What information, if any, should be provided regarding the servicing of theKUDJA GROUP policies.


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I. What information, if any, should be provided regarding the servicing of theKUDJA GROUP customer including, but not limited to, sales of additional

insurance needed by said customers.

J. Any emails to Richard S. Cairns regarding the pending agreement with Plaintiff.

K. What documents, if any, were requested by Plaintiff.

L. What responses/documents, if any, were provided to Plaintiff.

M. What requests, if any, were made to the KUDJA GROUP regarding theproduction of documents to Plaintiff including whether ALLSTATE requested

permission to advise Plaintiff of the reasons that the KUDJA GROUPs agencywas terminated.

N. What the KUDJA GROUP advised ALLSTATE the Plaintiff was told as the

reason for the agency termination.

O. Defining what explanation(s) was to be given to the KUDJA GROUPcustomers/policyholders who prepared the memorandum as to what was to be told

to the KUDJA GROUP customers/policyholders. What, if any, writtendocumentation was forwarded to the KUDJA GROUP customers/policyholders.

RESPONSE:








Any and all documents, correspondence, letters, emails, internal memoranda, interofficememoranda, intraoffice memoranda, etc. from August 1, 2010 through December 31, 2010, fromthe KUDJA GROUP to Richard S. Cairns, Debra Shea, Laura Kaplan, Nidia Pita, Janice Brown-

Francois and Mike Sheely regarding agents in the geographic location servicing the KUDJAGROUPs customers.


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RESPONSE:









memoranda, intraoffice memoranda, etc. to or from Mike Sheely from August 1, 2010 throughand including December 31, 2010 regarding the KUDJA GROUP customers and/or

policyholders and a determination of who will be providing service to said customers and/orpolicyholders. Said documents should include what information, if any, the Plaintiff was to be

told regarding the servicing of the KUDJA GROUP policyholders and customers.

RESPONSE:








Any and all documents, correspondence, letters, emails, internal memoranda, interofficememoranda, intraoffice memoranda, etc. from December 1, 2009 through December 31, 2010regarding ALLSTATEs policies in regard to the servicing a book of business (policyholders for

an agency which has been terminated i.e. whether said policyholders/customers are to contact theALLSTATE 800 telephone number, whether they are directed to other agencies in the

geographic area, what the written policies of ALLSTATE during the year 2010 that ALLSTATEhad regarding these circumstances.


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RESPONSE:








Any and all documents correspondence, letters, emails, internal memoranda, interoffice

memoranda, intraoffice memoranda, etc. from August 4, 2010 through and including December31, 2010 of any termination notices to policyholders/customers of the KUDJA GROUP.

RESPONSE:









memoranda, intraoffice memoranda, etc. which provide an itemized list of the existing policiesof the KUDJA GROUP on August 1, 2010.

RESPONSE:





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memoranda, intraoffice memoranda, etc. which reflect which of said insurance policies of theKUDJA GROUP which ALLSTATE had determined to contain false information and what, if

any, disposition was made by ALLSTATE employees during the period of July 1, 2010 throughDecember 31, 2010 regarding said policies i.e. to terminate said policy, to increase the rate of the

policy, to require the customer to provide further documentation, etc. Said documents shallfurther include any correspondence to the policyholder.

A. The documents should include but not be limited to what affect the false

information had on the rate(s) subsequently offered to thecustomers/policyholders.

B. The number of Castle Key Homeowner HO3 policies that were issued by theKUDJA GROUP on July 1, 2010 and the number of Castle Key HO3 policies

ordered for resinspection by ALLSTATE between July 1, 2010 and February 1,2011.

C. The number of policies that received premium increases and/or were not renewed

from July 1, 2010 through and including March 31, 2011.

RESPONSE:








Any and all documents correspondence, letters, emails, internal memoranda, interofficememoranda, intraoffice memoranda, etc. and/or policies or pamphlets issued by ALLSTATE

from December 1, 2009 through and including December 31, 2010 regarding:


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A. The sale of agency which has been terminated for cause which provide limitationson ALLSTATEs employees requirements to act as a sales agent for an agency

wishing to sell its book of business such as business brokerage forms, etc.

B. Any policy prohibiting ALLSTATE employees from selling a terminated

agencys economic interest in the book of business.

C. Any directives to ALLSTATEs employees as to what its employees are, or are

not, to provide regarding the sale of a terminated agencys book of business.

D. Statement or policy provided to ALLSTATEs employees regarding what they arepermitted to say, what information they are permitted to provide, what active

interest they may take in the sale of a terminated agencys book of business.

RESPONSE:








Any and all requests to ALLSTATE employees, territorial sales leaders or officersregarding what information could be released to Plaintiff on the KUDJA GROUP by:

A. Debra Shea

B. Laura Kaplan

C. Janice Brown-Francois

D. Nidia Pita

RESPONSE:




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memoranda, intraoffice memoranda, etc. to Plaintiff regarding his attendance at the ALLSTATEtraining, ALLSTATE Education Program and such other required training from September 1,

2010 through December 31, 2010 from:

A. Debra Shea

B. Laura Kaplan

C. Janice Brown-Francois

D. Nidia Pita

E. Richard S. Cairns

RESPONSE:









memoranda, intraoffice memoranda, etc. from Richard S. Cairns to Plaintiff regarding meetingsthat he had with Plaintiff specifically including, but not limited to, any discussions Richard S.

Cairns had with Plaintiff regarding:

A. The reasons that KUDJA GROUP was terminated.


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B. The servicing of the KUDJA GROUP customers including, but not limited to,

sales of additional insurance needed by said customers.

C. Where the premium or policies for said sales would go.

RESPONSE:








Any and all documents correspondence, letters, emails, internal memoranda, interofficememoranda, intraoffice memoranda, etc. from Richard S. Cairns to Debra Shea, Laura Kaplan,

Nidia Pita, Janice Brown-Francois regarding meetings that he had with Plaintiff specificallyincluding, but not limited to, any discussions Richard S. Cairns had with Plaintiff regarding:

A. The reasons that KUDJA GROUP was terminated.

B. The servicing of the KUDJA GROUP customers including, but not limited to,sales of additional insurance needed by said customers.

C. Where the premium or policies for said sales would go.

RESPONSE:








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memoranda, intraoffice memoranda, etc. reflecting the delivery by ALLSTATE to Plaintiff ofpolicies transferred by the KUDJA GROUP to Plaintiff between January 1, 2011 and April 30,

2011.

RESPONSE:









memoranda, intraoffice memoranda, etc. to Plaintiff between January 1, 2011 through andincluding March 31, 2012 reflecting the customer policies of KUDJA GROUP who received an

increase of premium in excess of 5% or a letter of termination and any documents relating to theincrease in premium and/or termination of the policy. Said document should include but not be

limited to:

A. Discrepancies between the garaging of the automobile and the mailing address.

B. Commercial policies without a business name as named insured.

C. Customer credit check resulting in a no hit.

D. The ratio of 10/20 policies contained in the KUDJA GROUP book being

transferred versus the average economic book of ALLSTATE INSURANCEagents in Florida.

E. T-docs report.

RESPONSE:




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memoranda, intraoffice memoranda, etc. which provide the current address and telephonenumber for:

A. Mariano Reis

B. Richard S. Cairns

C. Kaylee Covard

D. Nidia Pita

E. Janice Brown-Francois

F. Debra Shea

G. Laura Kaplan

H. Olga Otero-Brown

I. Jan Buswell

J. Bob Jackson

L. [sic] Mary Lott

M. Joe Cackowski

RESPONSE:





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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been furnished by e-mail to

Mark S. London, Esquire and Lisa J. London, Esquire at [email protected];

[email protected]; and [email protected], (Counsel for Plaintiff), and Sean L.

Collin and Philip M. Snyder at [email protected] and [email protected],

(Counsel for Defendants, RMK Insurance Group, Inc., n/k/a RMK Consulting Group, Jose Kudja

and Rebecca Kudja) this 31st

day of July, 2013.

s/ Brett M. Carey

LORI J. CALDWELLFlorida Bar No. 0268674

E-mail: [email protected] (primary)E-mail: [email protected] and

[email protected] (secondary)BRETT M. CAREY

Florida Bar No. 0091355E-mail: [email protected] (primary)

E-mail: [email protected] [email protected] (secondary)

RUMBERGER, KIRK & CALDWELLA Professional Association

Lincoln Plaza, Suite 1400300 South Orange Avenue (32801)

Post Office Box 1873Orlando, Florida 32802-1873

Telephone: (407) 872-7300Telecopier: (407) 841-2133

Attorneys for Defendant

Poulos v Allstate Litigation: Object's to Request to Produce

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Transcript of Poulos v Allstate Litigation: Object's to Request to Produce