Uninsured Motorist Request for Production of Documents

Below is a sample request for production of documents to serve on the insurance company in an uninsured or underinsured car accident case.

There are not a lot of documents you need in a UM/UIM claim. The biggest things you are looking for are making sure you have a request that covers any documents they might subpoena and a request for every document you might need to cross-examine their medical experts on financial bias. When the insurance company is a party, it lays even more naked the much-to-close-for-objectivity relationship between the insurer and its “usual suspects” experts. You will subpoena all of these records from the experts as well but it is good to have one more place where you have a clear record of asking for these materials that they are unlikely to fully produce.

IN THE CIRCUIT COURT FOR BALTIMORE COUNTY, MARYLAND Civil Division

ISABEL JONES,
Plaintiff,
v.
STATE FARM FIRE AND
CASUALTY COMPANY, et al.,
Defendants.

Case No.: C-03-CV-21-00002

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PLAINTIFF’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT STATE FARM

TO: STATE FARM, Defendant

FROM: ISABEL MINUNNI, Plaintiff

You are requested to file within thirty (30) days a written response to requests on the attached Document Schedule and to produce those documents for inspection and copying within thirty (30) days of service of this Request at the Law Offices of Miller & Zois, LLC, One South Street, Suite 2450, Baltimore, Maryland 21202.

1. Your written response shall state for each item or category, that inspection-related activities will be permitted as requested. If the request is refused in whole or in part, please state your reasoning for noncompliance. So if the refusal relates to part of an item or category, that part shall be specified so we can work through the dispute or get the court involved in as narrow a controversy as possible.
2. In accordance, the documents shall be produced as they are covered in the usual course of business or you shall organize and label them to correspond with the categories in the request.
3. These requests shall encompass all items within your possession, custody, or control. But if you cannot get to them but know how to locate these documents, include that in your answer.
4. These requests are continuing in character. So, as you know, you must promptly amend or supplement your response if you obtain further material information.
5. If in responding to these requests you encounter any ambiguity in construing any request, instruction or definition, set forth the matter deemed ambiguous in the construction used, in responding.
6. Please identify each document for which a privilege is asserted or which you maintain is otherwise excludable from discovery, and state the basis for each claim of privilege or grounds for exclusion.
7. These requests include material in the possession or control of the party to whom they are addressed, that party’s representatives and agents, and unless privileged, that party’s attorneys.

DEFINITIONS

As used in these requests, the following terms are to be interpreted using these definitions:

1. The term “person” includes any individual, joint-stock company, unincorporated association or society, municipal or other corporation, state, which agencies or political subdivisions, and court, or any other governmental entity.
2. The terms “you” or “your” include State Farm and its agents, representatives, or attorneys.
3. In accordance, the terms, “document” or “documents” includes all writings, drawings, graphs, charts, photographs, recordings, and any other data computations from which information can be obtained, translated, if necessary by you through detection devices, into reasonably usable form.
4. The term “occurrence” or “incident” means the incident complained out in the Plaintiff’s complaint, i.e., the car collision giving rise to this lawsuit.

DOCUMENTS TO BE PRODUCED

1. All documents identified, referenced, or relied upon in your answers to Interrogatories.
2. All written, recorded and/or signed statements of any person, including the Plaintiffs, Defendant, witnesses, investigators, or any agent, representative, or employee of the parties, concerning the subject matter of this action. (If a claim of privilege is asserted, identify the document by date and content and state the reason for the claim of privilege.)
3. All photographs, videotapes or audiotapes, x-rays, diagrams, medical records, property damage or other estimates, surveys, or other graphic representations of information concerning the subject matter of this action, the Plaintiffs, or other damage.
4. Any documents which afforded liability insurance, whether basic, umbrella, or excess, for the incident which is the subject matter of the Plaintiffs’ Complaint.
5. Any documents received under your subpoena or any other party’s subpoena.
6. Any document prepared during the regular course of business as a result of the incident complained of in the Plaintiffs’ Complaint, including recorded statements of witnesses and persons involved in the subject collision on October 1, 2020.
7. A copy of any surveillance movies, videos, or photographs that may have been made of the plaintiff.

EXPERT WITNESS DOCUMENTATION

8. All written reports and drafts of experts’ reports that have been prepared in connection with this lawsuit or the incident giving rise to it, if the expert is expected to or may testify in this cause as an expert. (If any such expert has not prepared a report, this is a request that one is prepared and furnished to the plaintiff’s attorney.)
9. All documents upon which any expert witness you may call at trial reviewed to form any opinions.
10. The most recent curriculum vitae or resume for each individual whom you may call as an expert witness at the trial of this case.
11. Any list of cases maintained by any expert witness identified in which the witness has been named as an expert or testified as an expert at trial or by deposition.
12. All written reports, including drafts or notes, of each expert you intend to call at trial.
13. All notes, diagrams, photographs, medical records, medical bills, medical literature, case studies, research articles, x-rays, radiological films or any other documents prepared or reviewed by each person whom you expect to call as an expert witness at trial.
14. All bills or invoices from each expert witness in this case. including but not limited to, the fees for the medical examination, the records review, the pretrial preparation, any telephone conference, any trial testimony anticipated, and any other fee or bill paid by State Farm for forensic services.
15. Any correspondence, including e-mails, texts, etc., exchanged between representatives for Defendant and each expert.
16. The fee schedule for compensation for expert services for each expert whom you may call as an expert witness at trial.
17. 1099 forms for each expert witness sent by any insurance company or law firm that compensated the expert for forensic work performed for the last two years.
18. Quickbooks, Timeslips, Quicken, or any other accounting documents that demonstrate each of Defendant’s expert’s fees associated with forensic work.
19. Tax returns for the past three years documenting payments from any insurance company to each expert whom you expect to call as an expert witness at trial.
20. Each publication, treatise, book or chapter, literature, studies, academic or scholarly articles, journals, papers, pamphlets, peer-reviewed articles, or other documents in your possession, custody, or control which you or your experts will use as evidence that Plaintiff’s injuries were not caused, or not exacerbated,
    by the Incident.
21. Every publication, treatise, book or chapter thereof, literature, studies, academic or scholarly articles, journals, papers, pamphlets, peer-reviewed articles, or other documents which you or your experts will use as evidence that Plaintiff’s injuries were not caused, or not exacerbated, by the Incident.
22. Every publication, treatise, book or chapter, literature, studies, academic or scholarly articles, journals, papers, pamphlets, peer-reviewed articles, or other documents which contributes to the foundation for the opinion that you or your experts will use as evidence that Plaintiff’s injuries and ongoing complaints of pain were not caused, or not exacerbated, by the Incident.
23. Any document that you may introduce into evidence or refer to at trial.

Respectfully submitted,
MILLER & ZOIS, LLC