Preview
FILED
TARRANT COUNTY
017-314932-20 1/31/2020 1:49 PM
THOMAS A. WILDER
CAUSE NO. _____________ DISTRICT CLERK
KEN MANSOUR, § IN THE DISTRICT COURT
PLAINTIFF, §
§
v. § ______ JUDICIAL DISTRICT
§
GEICO COUNTY MUTUAL INSURANCE §
COMPANY, §
DEFENDANT. § TARRANT COUNTY, TEXAS
PLAINTIFFS ORIGINAL PETITION, DEMAND FOR JURY TRIAL,
RULE 193.7 NOTICE AND FIRST SET OF WRITTEN DISCOVERY TO DEFENDANT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, KEN MANSOUR, hereinafter called Plaintiff, complaining of and about
GEICO COUNTY MUTUAL INSURANCE COMPANY, hereinafter called Defendant, and for
cause of action show unto the Court the following:
DISCOVERY CONTROL PLAN
1. Plaintiff intend that discovery be conducted under Discovery Level 3.
PARTIES AND SERVICE
2. Plaintiff KEN MANSOUR isan individual and resident of the State of Texas whose
address for service is 9330 LBJ Freeway, Suite 120, Dallas, Texas 75243. The last three digits of Plaintiff’s
drivers’ license number are 389 and the last three digits of Plaintiff’s social security number are 717.
3. Defendant GEICO COUNTY MUTUAL INSURANCE COMPANY, is an
insurance carrier duly licensed and lawfully doing business in the State of Texas. Defendant may
be served with process by and through its registered agent, Dan Beacom, at the following address:
2280 N. Greenville Avenue, Richardson, Texas 75082.
JURISDICTION AND VENUE
4. This Court has personal jurisdiction over Defendant because it avails itself of the
privilege of doing business in the State of Texas, and the subject matter of this action arises under
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 1
the common law and statutes of the State of Texas. Furthermore, the amount in controversy is within
the jurisdictional limits of this Court.
5. Venue in Tarrant County is proper in this cause under Section 15.032 of the Texas
Civil Practice and Remedies Code because suit on a policy against an insurance carrier may be
brought in the county in which the policyholder or beneficiary instituting the suit resided at the
time this cause of action accrued.
FACTS
6. On February 3, 2018, Plaintiff was driving his vehicle southbound on Luna Road, when
another vehicle driven by Jamie Booterbaugh crossed over the center line into the oncoming
path of Plaintiff’s vehicle causing a violent collision in which Plaintiff sustained extensive
bodily injuries and damages. Due to Jamie Booterbaugh’s careless driving and lack of regard for
the traffic laws, Plaintiff was forced to suffer damages. On February 3, 2018, the date of the
collision, Plaintiff was covered by insurance policy number 4515-68-21-87 issued by
Defendant. This policy included underinsured motorist coverage and Plaintiff was a valid
"covered person" under this policy as the insured.
NEGLIGENCE
7. Jamie Booterbaugh had a duty to exercise the degree of care that a reasonably
careful person would use to avoid harm to others under circumstances similar to those described
herein.
8. Plaintiff’s injuries were proximately caused by Jamie Booterbaugh’s negligent,
careless and reckless disregard of said duty.
9. The negligent, careless and reckless disregard of duty by Jamie Booterbaugh
consisted of, but is not limited to, the following acts and omissions:
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 2
A. In that Jamie Booterbaugh failed to keep a proper lookout;
B. In that Jamie Booterbaugh failed to stop his motor vehicle in an effort to
avoid the collision complained of;
C. In that Jamie Booterbaugh failed to keep such distance away from Plaintiff’s
motor vehicle as a person using ordinary prudent care would have done;
D. In that Jamie Booterbaugh crossed over the center line of the road in
violation of the traffic laws in the State of Texas;
E. In that Jamie Booterbaugh was operating his motor vehicle at a rate of speed
which was greater than that would have been operated by a person of
ordinary prudence under the same or similar circumstances; and
F. In that Jamie Booterbaugh failed to apply his brakes to his motor vehicle in
a timely and prudent manner.
GROSS NEGLIGENCE
10. The acts and/or omissions by Jamie Booterbaugh were of such a character as to make Jamie
Booterbaugh guilty of gross negligence. The conduct of Jamie Booterbaugh, viewed
objectively from the standpoint of Jamie Booterbaugh at the time of its occurrence, involved
an extreme degree of risk, considering the probability and the magnitude of potential harm
to others. Moreover, Jamie Booterbaugh engaged in the conduct with conscious indifference
to the rights, safety, or welfare of others, despite Jamie Booterbaugh’s actual, subjective
awareness of the risk involved. Specifically, Jamie Booterbaugh admitted that his steering
wheel had locked up forcing a leftward direction on multiple previous occasions yet he chose
to continue driving a dangerous vehicle.
DAMAGES
11. As a direct and proximate result of the acts and/or omissions of Jamie Booterbaugh as
described herein and made the basis of this lawsuit, Plaintiff, was caused to suffer bodily
injury, and to incur the following damages:
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 3
G. Reasonable medical care and expenses in the past. These expenses were
incurred by Plaintiff, for the necessary care and treatment of the injuries
resulting from the accident complained of herein and such charges are
reasonable and were usual and customary charges for such services in
Tarrant County, Texas;
H. Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
I. Physical pain and suffering in the past;
J. Physical pain and suffering in the future;
K. Mental anguish in the past; and
L. Mental anguish in the future.
UNDERINSURED MOTORIST CLAIM
12. Plaintiff will show that at the time of the occurrence, Jamie Booterbaugh maintained financial
responsibility by way of an automobile insurance policy, but his limits of bodily injury liability
coverage were so low that he was underinsured for the damages cause to Plaintiff. Preceding
the filing of the present cause of action, Jamie Booterbaugh tendered the limit of his bodily
injury liability insurance coverage of $30,000.00 to Plaintiff, and was accordingly released
from any further financial liability arising out of this occurrence.
13. Plaintiff will also show that at the time of the occurrence, he was named insured on a Texas
personal automobile insurance policy underwritten by Defendant GEICO, under Policy No.
4515-68-21-87, which provided, among other things, underinsured motorist bodily injury
coverage of up to $30,000.00.
14. Jamie Booterbaugh’s negligence was the proximate cause of the aforementioned occurrence
and because he failed to maintain financial responsibility in a sufficient amount to pay all
damages proximately caused by his negligence, Plaintiff subsequently made a claim with
Defendant GEICO for the $30,000.00 policy limits of his underinsured motorist coverage, to
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 4
which GEICO assigned Claim No. 0612086180101015.
15. Plaintiff submitted detailed proof of loss, by way of a demand letter and documentation of all
of the aforementioned damages, including medical records, itemized bills, doctor’s narrative
opinion on future medical costs, photographs of property damage, and proof of Jamie
Booterbaugh’s liability coverage limits. This detailed proof of loss was sent via mail, on May
23, 2019, and set forth a very reasonable thirty (30) day timeframe within which GEICO should
tender its $30,000.00 policy limits.
16. GEICO failed and refused to tender the underinsured motorist limits. By reason of this failure,
Plaintiff hereby sues for payment of the $30,000.00 underinsured motorist coverage to which
he is entitled by their terms of his GEICO policy, as well as for all other monetary damages
and remedies to which he is entitled by law by reason of GEICO’s failure and refusal.
NOTICE AND CONDITIONS PRECEDENT
17. Plaintiff has served Defendant GEICO with notice of this claim, including documentation and
detailed proof of loss, via the aforementioned letter on May 23, 2019. All other conditions
precedent to maintaining this cause of action have been performed or have otherwise occurred.
DECLARATORY JUDGMENT
18. Based on the foregoing facts and circumstances, Plaintiff seeks a declaratory judgment,
pursuant to Texas Civil Practice & Remedies Code § 37.001 et seq., to have his rights, status,
and other legal relationships vis-à-vis Defendant, established by a Court of competent
jurisdiction. In particular, Plaintiff seeks a declaration from the Court that:
A. Jamie Booterbaugh was negligent and liable for the occurrence described
above;
B. The amount of compensable damages suffered by Plaintiff as a result of said
negligence exceeded the $30,000.00 already received from Jamie
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 5
Booterbaugh’s automobile insurance policy.
C. The damages suffered by Plaintiff falls within the terms of overage afforded
him under Policy No. 4515-68-21-87 with Defendant GEICO;
D. The amount for all categories of economic and non-economic damages (as set
for in Damages of this petition) that Plaintiff is entitled to recover from
Defendant GEICO for his underinsured motorist Claim No.
0612086180101015, allowing for all applicable credits and offsets;
E. Defendant GEICO has breached its contract with Plaintiff, and is liable for all
remedies set forth at common law for said breach; and
F. Finally, specifying the amount of damages owed to Plaintiff under the
insurance contract with Defendant GEICO, including interest, reasonable and
necessary attorneys’ fees, Court costs, and other expenses.
CAUSES OF ACTION
19. Breach of Duty of Good Faith and Fair Dealing
M. Under the established common law and judicial precedent in the State of
Texas, Defendant GEICO owes its insured a duty of good faith and fair
dealing, due to the special relationship that exists between and insurance
carrier and its insured.
N. An insurance carrier is liable for breaching its duty of good faith and fair
dealing owed to its insured when it fails to attempt in good faith to effectuate
a prompt, fair, and equitable settlement of a claim, as Defendant GEICO has
done in this case.
O. As a result, Plaintiff has suffered damages, including but not limited to:
medical expenses; damage to his credit history due to unpaid medical
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 6
expenses; loss of income; and additional interest due to delay in payment of
this claim.
20. Breach of Contract
P. Plaintiff will show that he entered into a binding agreement with Defendant
GEICO for automobile insurance under Policy No. 4515-68-21-87, and that
there existed a meeting of the minds as to the premiums to be paid by Plaintiff,
and all actions to be taken by Plaintiff upon suffering a covered loss, and the
duties and obligation of Defendant GEICO toward Plaintiff.
Q. Defendant GEICO breached the contract by failing to pay on a covered claim.
R. Defendant GEICO’s breach has proximately caused Plaintiff damages, to
include the policy amount, interest on the policy amount awarded the lesser
of the rate specified in the contract or 18 percent per annum, reasonable and
necessary attorneys’ fees in prosecuting this claim to seek the policy amount,
and Court costs.
JURY DEMAND
21. Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiff hereby demands a trial
by jury and tenders the jury fee herewith.
RULE 193.7 NOTICE TO DEFENDANT
22. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends to use against Defendant
in any legal pretrial proceeding or at trial all documents produced to Plaintiff in response to written
discovery. This notice is given to Defendant within ten (10) days after Defendant has actual notice that
all documents produced by Defendant to Plaintiff in this lawsuit will be offered at trial,thereby
satisfying the requirement of authentication or identification as a condition precedent to admissibility
pursuant to the Rule 901(a) of the Texas Rules of Evidence.
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 7
PLAINTIFF’S REQUEST FOR WRITTEN DISCOVERY
23. Pursuant to the Texas Rules of Civil Procedure, Defendant is hereby requested to provide
answers and/or responses to the following requests for written discovery within fifty (50) days of
service of the requests, which are being served herewith and are attached hereto, which include the
following: Plaintiff’s First Request for Admissions; Plaintiff’s Request for Disclosure; Plaintiff’s First
Set of Interrogatories; and Plaintiff’s First Requests for Production.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, respectfully prays that the
Defendant be cited to appear and answer herein, and that upon a final hearing of the cause,
judgment be entered for the Plaintiff against Defendant, for damages in an amount in excess of the
minimum jurisdictional limits of the Court, pre-judgment interest (from the date of injury through
the date of judgment) at the maximum rate allowed by law, post- judgment interest at the legal
rate, costs of court, reasonable and necessary attorneys’ fees, and such other and further relief,
general or special, at law or in equity, to which the Court finds Plaintiff justly entitled.
Respectfully submitted,
ALMASRI MARZWANIAN LAW GROUP
PLLC
By: / s/ Hazim Mandavia___
Hazim Mandavia
Texas Bar No. 24096984
E-mail: hazim@theamlawgroup.com
Sam Almasri
Texas Bar No. 24053071
Email: sam@theamslawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorney for Plaintiff
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 8
CAUSE NO. _____________
KEN MANSOUR, § IN THE DISTRICT COURT
PLAINTIFF, §
§
v. § ______ JUDICIAL DISTRICT
§
GEICO COUNTY MUTUAL INSURANCE §
COMPANY, §
DEFENDANT. § TARRANT COUNTY, TEXAS
PLAINTIFF’S FIRST SET OF INTERROGATORIES
To: Defendant, by serving its registered agent.
You are hereby instructed to answer the following interrogatories separately, fully, in writing,
and under oath if required by Rule 197.2(d) of the Texas Rules of Civil Procedure. The answers shall
be served upon the undersigned counsel within 50 days after the service of these interrogatories.
Your failure to make timely answers or objections may subject you to sanctions as provided
in Rule 221 of the Texas Rules of Civil Procedure.
Respectfully submitted,
ALMASRI MARZWANIAN LAW GROUP PLLC
By: ______
Sam Almasri
Texas Bar No. 24053071
Email: sam@theamslawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorney for Plaintiff
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 12
DEFINITIONS AND INSTRUCTIONS
1. As used herein, the terms "you" and "your" shall refer to Defendant, Defendant’s attorneys,
agents, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of
Defendant, whether authorized to do so or not.
2. As used herein, the term "documents" shall mean all writings of every kind, source and
authorship, both originals and all nonidentical copies thereof, in your possession, custody, or control, or known
by you to exist, irrespective of whether the writing is one intended for or transmitted internally by you, or
intended for or transmitted to any other person or entity, including without limitation any government agency,
department, administrative, or private entity or person. The term shall include handwritten, typewritten,
printed, photocopied, photographic, or recorded matter. It shall include communications in words, symbols,
pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other
information storage or retrieval systems, together with the codes and/or programming instructions and other
materials necessary to understand and use such systems. For purposes of illustration and not limitation, the
term shall include: affidavits; agendas; agreements; analyses; announcements; bills, statements, and other
records of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks, vouchers,
receipts and other records of payments; charts or drawings; check registers; checkbooks; circulars; collateral
files and contents; contracts; corporate bylaws; corporate charters; correspondence; credit files and contents;
deeds of trust; deposit slips; diaries; drafts; files; guaranty agreements; instructions; invoices; ledgers, journals,
balance sheets, profit and loss statements, and other sources of financial data; letters; logs, notes, or memoranda
of telephonic or face-to-face conversations; manuals; memoranda of all kinds, to and from any persons,
agencies, or entities; minutes; minute books; notes; notices; parts lists; papers; press releases; printed matter
(including books, articles, speeches, and newspaper clippings); purchase orders; records; records of
administrative, technical, and financial actions taken or recommended; reports; safety deposit boxes and
contents and records of entry; schedules; security agreements; specifications; statements of bank accounts;
statements; interviews; stock transfer ledgers; technical and engineering reports, evaluations, advice,
recommendations, commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results,
and conclusions; summaries, notes, and other records and recordings of any conferences, meetings, visits,
statements, interviews or telephone conversations; telegrams; teletypes and other communications sent or
received; transcripts of testimony; UCC instruments; work papers; and all other writings, the contents of which
relate to, discuss, consider, or otherwise refer to the subject matter of the particular discovery requested.
3. In accordance with Tex. R. Civ. P. Rule 192.7, a document is deemed to be in your possession,
custody or control if you either have physical possession of the item or have a right to possession of the item
that is equal or superior to the person who has physical control of the item.
4. "Person": The term "person" shall include individuals, associations, partnerships, corporations,
and any other type of entity or institution whether formed for business purposes or any other purposes.
5. "Identify" or "Identification":
(a) When used in reference to a person, "identify" or "identification" means to state his or
her full name, present or last known residence address, present or last known business address and
telephone number.
(b) When used in reference to a public or private corporation, governmental entity,
partnership or association, "identify" or "identification" means to state its full name, present or last
known business address or operating address, the name of its Chief Executive Officer and telephone
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 12
number.
(c) When used in reference to a document, "identify" or "identification" shall include
statement of the following:
(i) the title, heading, or caption, if any, of such document;
(ii) the identifying number(s), letter(s), or combination thereof, if any; and the
significance or meaning of such number(s), letter(s), or combination thereof, if necessary to an
understanding of the document and evaluation of any claim of protection from discovery;
(iii) the date appearing on such document; if no date appears thereon, the answer
shall so state and shall give the date or approximate date on which such document was
prepared;
(iv) the number of pages and the general nature or description of such document
(i.e., whether it is a letter, memorandum, minutes of a meeting, etc.), with sufficient
particularity so as to enable such document to be precisely identified;
(v) the name and capacity of the person who signed such document; if it was not
signed, the answer shall so state and shall give the name of the person or persons who prepared
it;
(vi) the name and capacity of the person to whom such document was addressed
and the name and capacity of such person, other than such addressee, to whom such document,
or a copy thereof, was sent; and
(vii) the physical location of the document and the name of its custodian or
custodians.
6. "Settlement": as used herein, means:
(a) an oral or written, disclosed or undisclosed agreement, bargain, contract, settlement,
partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit
arrangement, contingent settlement, limitation on the amount of liability or judgment, or a promise by
or between plaintiff and any defendant or between any defendant herein whereby plaintiff or defendant
have in any way released, compromised, in whole or in part, directly or indirectly, or agreed to do so
in the future, any of the matters in controversy in this lawsuit whether before, after or during trial or
before or after any jury verdict is returned herein or a judgment is entered or rendered herein.
(b) Any resolution of the differences between the plaintiff and defendant by loan to the
plaintiff or any other device which is repayable in whole or in part out of any judgment the plaintiff
may recover against defendant.
(c) The term "settlement" shall also include "Mary Carter Agreements" as that term is used
under Texas Law.
7. Unless a specific date or dates is set forth in any specific question herein, you are directed that
each question shall be answered for the period of time up to and including the present date.
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 12
FIRST SET OF INTERROGARIES
INTERROGATORY NO. 1: Please identify by name, title, and insurance adjuster’s license (if
applicable) with the Texas Department of Insurance, the following individuals:
(a) All persons answering, assisting with, or providing information to be used for
answering, these Interrogatories (including the person whose name is
subscribed to the oath / verification to the answers).
(b) All claims adjusters, claim handlers, supervisors, or any other such
individuals involved with Defendant’s handling of Plaintiffs’ underinsured
motorist bodily injury Claim No. 0612086180101015.
ANSWER:
INTERROGATORY NO. 2: State with particularity all reasons, bases, and justifications for
Defendant’s failure to pay the policy limits of Plaintiffs’ underinsured motorist bodily injury Claim
No. 0612086180101015.
ANSWER:
INTERROGATORY NO. 3: Identify with particularity all credits, off-sets, or discounts (if
applicable) that Defendant is claiming with regards to Plaintiffs personal injury protection (PIP)
benefits, health insurance benefits, or any other such source of recovery or insurance for Plaintiffs’
damages in this matter.
ANSWER:
INTERROGATORY NO. 4: If Defendant is contending that the Plaintiff was contributorily or
comparatively negligent with respect to the accident made the basis of this claim, please describe in
full the factual bases (including identification of documents and witnesses, if any) for the contention
that Plaintiff was negligent.
ANSWER:
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 14
INTERROGATORY NO. 5: If Defendant is contending that the accident made the basis of this
claim was an unavoidable accident, or the result of a sudden emergency, please describe if full the
factual bases (including identification of documents and witnesses, if any) for such contention.
ANSWER:
INTERROGATORY NO. 6: If Defendant is contending that any of the medical treatment
submitted in support of Plaintiffs’ underinsured motorist bodily injury Claim No.
0612086180101015 were not necessary, please describe in full the factual bases (including
identification of documents and witnesses, if any) for such contention.
ANSWER:
INTERROGATORY NO. 7: If Defendant is contending that any of the charges for medical
treatment submitted in support of Plaintiffs’ underinsured motorist bodily injury Claim No.
0612086180101015 were not reasonable, please describe in full the factual bases (including
identification of documents and witnesses, if any) for such contention.
ANSWER:
INTERROGATORY NO. 8: If Defendant is claiming that any part of the entire file pertaining to
Plaintiffs’ underinsured motorist bodily injury claim is subject to attorney-client or work-product
privilege, then please identify the name of the attorneys(s) that participated in, provided advice or
counsel, or otherwise assisted in the process of evaluating Plaintiffs’ claim.
ANSWER:
INTERROGATORY NO. 9: For each attorney listed in the answer to Interrogatory No. 8, please
provide the date upon which that attorney first became involved in providing advice, counsel, or
assistance in the evaluation of Plaintiffs’ claim, as well as the general type of advice, counsel, or
assistance that the attorney provided. This Interrogatory, of course, does not call for the disclosure of
any communications between that attorney and any other employee of Defendant involved in the
evaluation of Plaintiffs’ claim.
ANSWER:
INTERROGATORY NO. 10: For each attorney listed in the answer to Interrogatory No. 8, please
state whether that attorney is serving as defense counsel, or serving on the team of defense counsel,
for the defense of this lawsuit.
ANSWER:
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 14
INTERROGATORY NO. 11: Please state the date upon which Defendant is claiming it anticipated
lawsuit in this matter.
ANSWER:
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 14
VERIFICATION
STATE OF §
§
COUNTY OF §
BEFORE ME, the undersigned authority, personally appeared _______________, on
behalf of GEICO County Mutual Insurance Company, who stated, upon oath, that the statements
made in the foregoing instrument are within their personal knowledge and are true and correct.
_____________________________________
Name: Title:
GEICO County Mutual Insurance Company
SUBSCRIBED AND SWORN TO BEFORE ME on , by
.
Notary Public, State of Texas
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 15
CAUSE NO. _____________
KEN MANSOUR, § IN THE DISTRICT COURT
PLAINTIFF, §
§
v. § ______ JUDICIAL DISTRICT
§
GEICO COUNTY MUTUAL INSURANCE §
COMPANY, §
DEFENDANT. § TARRANT COUNTY, TEXAS
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
To: Defendant., by serving its registered agent.
You are hereby notified that Plaintiff demands that within fifty (50) days after the service of
these requests, Defendant specifically admit or deny the Requests for Admissions as set forth herein.
A failure to specifically answer any request, or an evasive answer to any request, will be taken as an
admission of truth of such request.
Respectfully submitted,
ALMASRI MARZWANIAN LAW GROUP PLLC
By:
Sam Almasri
Texas Bar No. 24053071
Email: sam@theamslawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorney for Plaintiff
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 16
DEFINITIONS AND INSTRUCTIONS
1. As used herein, the terms, “you” an “your”, shall refer to Defendant, Defendant’s attorneys,
agents, and all other natural persons or business or legal entities acting or purporting to act for or on
behalf of Defendant, whether authorized to do so or not.
2. “Person”: The term “person” shall include individuals, associations, partnerships,
corporations, and any other type of entity or institution whether formed for business purposes or any
other purposes.
3. “Settlement”, as used herein, means:
(a) an oral or written, disclosed or undisclosed agreement, bargain, contract, settlement,
partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit
arrangement, contingent settlement, limitation on the amount of liability or judgment, or a promise by
or between plaintiff and any defendant or between any defendant herein whereby plaintiff or defendant
have in any way released or compromised, in whole or in part, directly or indirectly, or agreed to do
so in the future, any of the matters in controversy in this lawsuit whether before, after or during trial
or before or after any jury verdict is returned herein or a judgment is entered or rendered herein;
(b) any resolution of the differences between the Defendant and Plaintiff by loan to the
Defendant or any other device which is repayable in whole or in part out of any judgment the
Defendant may recover against defendant;
(c) “Mary Carter Agreements” as that term is used under Texas Law.
4. Unless a specific date or dates is set forth in any specific question herein, you are directed that
each question shall be answered for the period of time up to and including the present date.
PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 16
REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1: Admit or deny that Plaintiff had a policy of automobile
insurance coverage with Defendant as of the date of the accident made the basis of this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 2: Admit or deny that Plaintiffs’ automobile insurance
coverage with Defendant included underinsured motorist bodily injury coverage.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 3: Admit or deny that Plaintiffs’ underinsured motorist bodily
injury coverage was in the amount of $30,000.00 per person as of the date of the accident made the
basis of this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 4: Admit or deny that Plaintiffs’ automobile insurance
coverage with Defendant was in full force and effect as of the date of the accident made the basis
of this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 5: Admit or deny that Plaintiff was currently paying his
premium for automobile insurance coverage with Defendant as of the date of the accident made
Preview
FILED TARRANT COUNTY 017-314932-20 1/31/2020 1:49 PM THOMAS A. WILDER CAUSE NO. _____________ DISTRICT CLERK KEN MANSOUR, § IN THE DISTRICT COURT PLAINTIFF, § § v. § ______ JUDICIAL DISTRICT § GEICO COUNTY MUTUAL INSURANCE § COMPANY, § DEFENDANT. § TARRANT COUNTY, TEXAS PLAINTIFFS ORIGINAL PETITION, DEMAND FOR JURY TRIAL, RULE 193.7 NOTICE AND FIRST SET OF WRITTEN DISCOVERY TO DEFENDANT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, KEN MANSOUR, hereinafter called Plaintiff, complaining of and about GEICO COUNTY MUTUAL INSURANCE COMPANY, hereinafter called Defendant, and for cause of action show unto the Court the following: DISCOVERY CONTROL PLAN 1. Plaintiff intend that discovery be conducted under Discovery Level 3. PARTIES AND SERVICE 2. Plaintiff KEN MANSOUR isan individual and resident of the State of Texas whose address for service is 9330 LBJ Freeway, Suite 120, Dallas, Texas 75243. The last three digits of Plaintiff’s drivers’ license number are 389 and the last three digits of Plaintiff’s social security number are 717. 3. Defendant GEICO COUNTY MUTUAL INSURANCE COMPANY, is an insurance carrier duly licensed and lawfully doing business in the State of Texas. Defendant may be served with process by and through its registered agent, Dan Beacom, at the following address: 2280 N. Greenville Avenue, Richardson, Texas 75082. JURISDICTION AND VENUE 4. This Court has personal jurisdiction over Defendant because it avails itself of the privilege of doing business in the State of Texas, and the subject matter of this action arises under PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 1 the common law and statutes of the State of Texas. Furthermore, the amount in controversy is within the jurisdictional limits of this Court. 5. Venue in Tarrant County is proper in this cause under Section 15.032 of the Texas Civil Practice and Remedies Code because suit on a policy against an insurance carrier may be brought in the county in which the policyholder or beneficiary instituting the suit resided at the time this cause of action accrued. FACTS 6. On February 3, 2018, Plaintiff was driving his vehicle southbound on Luna Road, when another vehicle driven by Jamie Booterbaugh crossed over the center line into the oncoming path of Plaintiff’s vehicle causing a violent collision in which Plaintiff sustained extensive bodily injuries and damages. Due to Jamie Booterbaugh’s careless driving and lack of regard for the traffic laws, Plaintiff was forced to suffer damages. On February 3, 2018, the date of the collision, Plaintiff was covered by insurance policy number 4515-68-21-87 issued by Defendant. This policy included underinsured motorist coverage and Plaintiff was a valid "covered person" under this policy as the insured. NEGLIGENCE 7. Jamie Booterbaugh had a duty to exercise the degree of care that a reasonably careful person would use to avoid harm to others under circumstances similar to those described herein. 8. Plaintiff’s injuries were proximately caused by Jamie Booterbaugh’s negligent, careless and reckless disregard of said duty. 9. The negligent, careless and reckless disregard of duty by Jamie Booterbaugh consisted of, but is not limited to, the following acts and omissions: PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 2 A. In that Jamie Booterbaugh failed to keep a proper lookout; B. In that Jamie Booterbaugh failed to stop his motor vehicle in an effort to avoid the collision complained of; C. In that Jamie Booterbaugh failed to keep such distance away from Plaintiff’s motor vehicle as a person using ordinary prudent care would have done; D. In that Jamie Booterbaugh crossed over the center line of the road in violation of the traffic laws in the State of Texas; E. In that Jamie Booterbaugh was operating his motor vehicle at a rate of speed which was greater than that would have been operated by a person of ordinary prudence under the same or similar circumstances; and F. In that Jamie Booterbaugh failed to apply his brakes to his motor vehicle in a timely and prudent manner. GROSS NEGLIGENCE 10. The acts and/or omissions by Jamie Booterbaugh were of such a character as to make Jamie Booterbaugh guilty of gross negligence. The conduct of Jamie Booterbaugh, viewed objectively from the standpoint of Jamie Booterbaugh at the time of its occurrence, involved an extreme degree of risk, considering the probability and the magnitude of potential harm to others. Moreover, Jamie Booterbaugh engaged in the conduct with conscious indifference to the rights, safety, or welfare of others, despite Jamie Booterbaugh’s actual, subjective awareness of the risk involved. Specifically, Jamie Booterbaugh admitted that his steering wheel had locked up forcing a leftward direction on multiple previous occasions yet he chose to continue driving a dangerous vehicle. DAMAGES 11. As a direct and proximate result of the acts and/or omissions of Jamie Booterbaugh as described herein and made the basis of this lawsuit, Plaintiff, was caused to suffer bodily injury, and to incur the following damages: PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 3 G. Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiff, for the necessary care and treatment of the injuries resulting from the accident complained of herein and such charges are reasonable and were usual and customary charges for such services in Tarrant County, Texas; H. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; I. Physical pain and suffering in the past; J. Physical pain and suffering in the future; K. Mental anguish in the past; and L. Mental anguish in the future. UNDERINSURED MOTORIST CLAIM 12. Plaintiff will show that at the time of the occurrence, Jamie Booterbaugh maintained financial responsibility by way of an automobile insurance policy, but his limits of bodily injury liability coverage were so low that he was underinsured for the damages cause to Plaintiff. Preceding the filing of the present cause of action, Jamie Booterbaugh tendered the limit of his bodily injury liability insurance coverage of $30,000.00 to Plaintiff, and was accordingly released from any further financial liability arising out of this occurrence. 13. Plaintiff will also show that at the time of the occurrence, he was named insured on a Texas personal automobile insurance policy underwritten by Defendant GEICO, under Policy No. 4515-68-21-87, which provided, among other things, underinsured motorist bodily injury coverage of up to $30,000.00. 14. Jamie Booterbaugh’s negligence was the proximate cause of the aforementioned occurrence and because he failed to maintain financial responsibility in a sufficient amount to pay all damages proximately caused by his negligence, Plaintiff subsequently made a claim with Defendant GEICO for the $30,000.00 policy limits of his underinsured motorist coverage, to PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 4 which GEICO assigned Claim No. 0612086180101015. 15. Plaintiff submitted detailed proof of loss, by way of a demand letter and documentation of all of the aforementioned damages, including medical records, itemized bills, doctor’s narrative opinion on future medical costs, photographs of property damage, and proof of Jamie Booterbaugh’s liability coverage limits. This detailed proof of loss was sent via mail, on May 23, 2019, and set forth a very reasonable thirty (30) day timeframe within which GEICO should tender its $30,000.00 policy limits. 16. GEICO failed and refused to tender the underinsured motorist limits. By reason of this failure, Plaintiff hereby sues for payment of the $30,000.00 underinsured motorist coverage to which he is entitled by their terms of his GEICO policy, as well as for all other monetary damages and remedies to which he is entitled by law by reason of GEICO’s failure and refusal. NOTICE AND CONDITIONS PRECEDENT 17. Plaintiff has served Defendant GEICO with notice of this claim, including documentation and detailed proof of loss, via the aforementioned letter on May 23, 2019. All other conditions precedent to maintaining this cause of action have been performed or have otherwise occurred. DECLARATORY JUDGMENT 18. Based on the foregoing facts and circumstances, Plaintiff seeks a declaratory judgment, pursuant to Texas Civil Practice & Remedies Code § 37.001 et seq., to have his rights, status, and other legal relationships vis-à-vis Defendant, established by a Court of competent jurisdiction. In particular, Plaintiff seeks a declaration from the Court that: A. Jamie Booterbaugh was negligent and liable for the occurrence described above; B. The amount of compensable damages suffered by Plaintiff as a result of said negligence exceeded the $30,000.00 already received from Jamie PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 5 Booterbaugh’s automobile insurance policy. C. The damages suffered by Plaintiff falls within the terms of overage afforded him under Policy No. 4515-68-21-87 with Defendant GEICO; D. The amount for all categories of economic and non-economic damages (as set for in Damages of this petition) that Plaintiff is entitled to recover from Defendant GEICO for his underinsured motorist Claim No. 0612086180101015, allowing for all applicable credits and offsets; E. Defendant GEICO has breached its contract with Plaintiff, and is liable for all remedies set forth at common law for said breach; and F. Finally, specifying the amount of damages owed to Plaintiff under the insurance contract with Defendant GEICO, including interest, reasonable and necessary attorneys’ fees, Court costs, and other expenses. CAUSES OF ACTION 19. Breach of Duty of Good Faith and Fair Dealing M. Under the established common law and judicial precedent in the State of Texas, Defendant GEICO owes its insured a duty of good faith and fair dealing, due to the special relationship that exists between and insurance carrier and its insured. N. An insurance carrier is liable for breaching its duty of good faith and fair dealing owed to its insured when it fails to attempt in good faith to effectuate a prompt, fair, and equitable settlement of a claim, as Defendant GEICO has done in this case. O. As a result, Plaintiff has suffered damages, including but not limited to: medical expenses; damage to his credit history due to unpaid medical PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 6 expenses; loss of income; and additional interest due to delay in payment of this claim. 20. Breach of Contract P. Plaintiff will show that he entered into a binding agreement with Defendant GEICO for automobile insurance under Policy No. 4515-68-21-87, and that there existed a meeting of the minds as to the premiums to be paid by Plaintiff, and all actions to be taken by Plaintiff upon suffering a covered loss, and the duties and obligation of Defendant GEICO toward Plaintiff. Q. Defendant GEICO breached the contract by failing to pay on a covered claim. R. Defendant GEICO’s breach has proximately caused Plaintiff damages, to include the policy amount, interest on the policy amount awarded the lesser of the rate specified in the contract or 18 percent per annum, reasonable and necessary attorneys’ fees in prosecuting this claim to seek the policy amount, and Court costs. JURY DEMAND 21. Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiff hereby demands a trial by jury and tenders the jury fee herewith. RULE 193.7 NOTICE TO DEFENDANT 22. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends to use against Defendant in any legal pretrial proceeding or at trial all documents produced to Plaintiff in response to written discovery. This notice is given to Defendant within ten (10) days after Defendant has actual notice that all documents produced by Defendant to Plaintiff in this lawsuit will be offered at trial,thereby satisfying the requirement of authentication or identification as a condition precedent to admissibility pursuant to the Rule 901(a) of the Texas Rules of Evidence. PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 7 PLAINTIFF’S REQUEST FOR WRITTEN DISCOVERY 23. Pursuant to the Texas Rules of Civil Procedure, Defendant is hereby requested to provide answers and/or responses to the following requests for written discovery within fifty (50) days of service of the requests, which are being served herewith and are attached hereto, which include the following: Plaintiff’s First Request for Admissions; Plaintiff’s Request for Disclosure; Plaintiff’s First Set of Interrogatories; and Plaintiff’s First Requests for Production. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendant, for damages in an amount in excess of the minimum jurisdictional limits of the Court, pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law, post- judgment interest at the legal rate, costs of court, reasonable and necessary attorneys’ fees, and such other and further relief, general or special, at law or in equity, to which the Court finds Plaintiff justly entitled. Respectfully submitted, ALMASRI MARZWANIAN LAW GROUP PLLC By: / s/ Hazim Mandavia___ Hazim Mandavia Texas Bar No. 24096984 E-mail: hazim@theamlawgroup.com Sam Almasri Texas Bar No. 24053071 Email: sam@theamslawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorney for Plaintiff PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY REQUEST Page 8 CAUSE NO. _____________ KEN MANSOUR, § IN THE DISTRICT COURT PLAINTIFF, § § v. § ______ JUDICIAL DISTRICT § GEICO COUNTY MUTUAL INSURANCE § COMPANY, § DEFENDANT. § TARRANT COUNTY, TEXAS PLAINTIFF’S FIRST SET OF INTERROGATORIES To: Defendant, by serving its registered agent. You are hereby instructed to answer the following interrogatories separately, fully, in writing, and under oath if required by Rule 197.2(d) of the Texas Rules of Civil Procedure. The answers shall be served upon the undersigned counsel within 50 days after the service of these interrogatories. Your failure to make timely answers or objections may subject you to sanctions as provided in Rule 221 of the Texas Rules of Civil Procedure. Respectfully submitted, ALMASRI MARZWANIAN LAW GROUP PLLC By: ______ Sam Almasri Texas Bar No. 24053071 Email: sam@theamslawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorney for Plaintiff PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 12 DEFINITIONS AND INSTRUCTIONS 1. As used herein, the terms "you" and "your" shall refer to Defendant, Defendant’s attorneys, agents, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of Defendant, whether authorized to do so or not. 2. As used herein, the term "documents" shall mean all writings of every kind, source and authorship, both originals and all nonidentical copies thereof, in your possession, custody, or control, or known by you to exist, irrespective of whether the writing is one intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including without limitation any government agency, department, administrative, or private entity or person. The term shall include handwritten, typewritten, printed, photocopied, photographic, or recorded matter. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes of illustration and not limitation, the term shall include: affidavits; agendas; agreements; analyses; announcements; bills, statements, and other records of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks, vouchers, receipts and other records of payments; charts or drawings; check registers; checkbooks; circulars; collateral files and contents; contracts; corporate bylaws; corporate charters; correspondence; credit files and contents; deeds of trust; deposit slips; diaries; drafts; files; guaranty agreements; instructions; invoices; ledgers, journals, balance sheets, profit and loss statements, and other sources of financial data; letters; logs, notes, or memoranda of telephonic or face-to-face conversations; manuals; memoranda of all kinds, to and from any persons, agencies, or entities; minutes; minute books; notes; notices; parts lists; papers; press releases; printed matter (including books, articles, speeches, and newspaper clippings); purchase orders; records; records of administrative, technical, and financial actions taken or recommended; reports; safety deposit boxes and contents and records of entry; schedules; security agreements; specifications; statements of bank accounts; statements; interviews; stock transfer ledgers; technical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results, and conclusions; summaries, notes, and other records and recordings of any conferences, meetings, visits, statements, interviews or telephone conversations; telegrams; teletypes and other communications sent or received; transcripts of testimony; UCC instruments; work papers; and all other writings, the contents of which relate to, discuss, consider, or otherwise refer to the subject matter of the particular discovery requested. 3. In accordance with Tex. R. Civ. P. Rule 192.7, a document is deemed to be in your possession, custody or control if you either have physical possession of the item or have a right to possession of the item that is equal or superior to the person who has physical control of the item. 4. "Person": The term "person" shall include individuals, associations, partnerships, corporations, and any other type of entity or institution whether formed for business purposes or any other purposes. 5. "Identify" or "Identification": (a) When used in reference to a person, "identify" or "identification" means to state his or her full name, present or last known residence address, present or last known business address and telephone number. (b) When used in reference to a public or private corporation, governmental entity, partnership or association, "identify" or "identification" means to state its full name, present or last known business address or operating address, the name of its Chief Executive Officer and telephone PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 12 number. (c) When used in reference to a document, "identify" or "identification" shall include statement of the following: (i) the title, heading, or caption, if any, of such document; (ii) the identifying number(s), letter(s), or combination thereof, if any; and the significance or meaning of such number(s), letter(s), or combination thereof, if necessary to an understanding of the document and evaluation of any claim of protection from discovery; (iii) the date appearing on such document; if no date appears thereon, the answer shall so state and shall give the date or approximate date on which such document was prepared; (iv) the number of pages and the general nature or description of such document (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.), with sufficient particularity so as to enable such document to be precisely identified; (v) the name and capacity of the person who signed such document; if it was not signed, the answer shall so state and shall give the name of the person or persons who prepared it; (vi) the name and capacity of the person to whom such document was addressed and the name and capacity of such person, other than such addressee, to whom such document, or a copy thereof, was sent; and (vii) the physical location of the document and the name of its custodian or custodians. 6. "Settlement": as used herein, means: (a) an oral or written, disclosed or undisclosed agreement, bargain, contract, settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit arrangement, contingent settlement, limitation on the amount of liability or judgment, or a promise by or between plaintiff and any defendant or between any defendant herein whereby plaintiff or defendant have in any way released, compromised, in whole or in part, directly or indirectly, or agreed to do so in the future, any of the matters in controversy in this lawsuit whether before, after or during trial or before or after any jury verdict is returned herein or a judgment is entered or rendered herein. (b) Any resolution of the differences between the plaintiff and defendant by loan to the plaintiff or any other device which is repayable in whole or in part out of any judgment the plaintiff may recover against defendant. (c) The term "settlement" shall also include "Mary Carter Agreements" as that term is used under Texas Law. 7. Unless a specific date or dates is set forth in any specific question herein, you are directed that each question shall be answered for the period of time up to and including the present date. PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 12 FIRST SET OF INTERROGARIES INTERROGATORY NO. 1: Please identify by name, title, and insurance adjuster’s license (if applicable) with the Texas Department of Insurance, the following individuals: (a) All persons answering, assisting with, or providing information to be used for answering, these Interrogatories (including the person whose name is subscribed to the oath / verification to the answers). (b) All claims adjusters, claim handlers, supervisors, or any other such individuals involved with Defendant’s handling of Plaintiffs’ underinsured motorist bodily injury Claim No. 0612086180101015. ANSWER: INTERROGATORY NO. 2: State with particularity all reasons, bases, and justifications for Defendant’s failure to pay the policy limits of Plaintiffs’ underinsured motorist bodily injury Claim No. 0612086180101015. ANSWER: INTERROGATORY NO. 3: Identify with particularity all credits, off-sets, or discounts (if applicable) that Defendant is claiming with regards to Plaintiffs personal injury protection (PIP) benefits, health insurance benefits, or any other such source of recovery or insurance for Plaintiffs’ damages in this matter. ANSWER: INTERROGATORY NO. 4: If Defendant is contending that the Plaintiff was contributorily or comparatively negligent with respect to the accident made the basis of this claim, please describe in full the factual bases (including identification of documents and witnesses, if any) for the contention that Plaintiff was negligent. ANSWER: PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 14 INTERROGATORY NO. 5: If Defendant is contending that the accident made the basis of this claim was an unavoidable accident, or the result of a sudden emergency, please describe if full the factual bases (including identification of documents and witnesses, if any) for such contention. ANSWER: INTERROGATORY NO. 6: If Defendant is contending that any of the medical treatment submitted in support of Plaintiffs’ underinsured motorist bodily injury Claim No. 0612086180101015 were not necessary, please describe in full the factual bases (including identification of documents and witnesses, if any) for such contention. ANSWER: INTERROGATORY NO. 7: If Defendant is contending that any of the charges for medical treatment submitted in support of Plaintiffs’ underinsured motorist bodily injury Claim No. 0612086180101015 were not reasonable, please describe in full the factual bases (including identification of documents and witnesses, if any) for such contention. ANSWER: INTERROGATORY NO. 8: If Defendant is claiming that any part of the entire file pertaining to Plaintiffs’ underinsured motorist bodily injury claim is subject to attorney-client or work-product privilege, then please identify the name of the attorneys(s) that participated in, provided advice or counsel, or otherwise assisted in the process of evaluating Plaintiffs’ claim. ANSWER: INTERROGATORY NO. 9: For each attorney listed in the answer to Interrogatory No. 8, please provide the date upon which that attorney first became involved in providing advice, counsel, or assistance in the evaluation of Plaintiffs’ claim, as well as the general type of advice, counsel, or assistance that the attorney provided. This Interrogatory, of course, does not call for the disclosure of any communications between that attorney and any other employee of Defendant involved in the evaluation of Plaintiffs’ claim. ANSWER: INTERROGATORY NO. 10: For each attorney listed in the answer to Interrogatory No. 8, please state whether that attorney is serving as defense counsel, or serving on the team of defense counsel, for the defense of this lawsuit. ANSWER: PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 14 INTERROGATORY NO. 11: Please state the date upon which Defendant is claiming it anticipated lawsuit in this matter. ANSWER: PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 14 VERIFICATION STATE OF § § COUNTY OF § BEFORE ME, the undersigned authority, personally appeared _______________, on behalf of GEICO County Mutual Insurance Company, who stated, upon oath, that the statements made in the foregoing instrument are within their personal knowledge and are true and correct. _____________________________________ Name: Title: GEICO County Mutual Insurance Company SUBSCRIBED AND SWORN TO BEFORE ME on , by . Notary Public, State of Texas PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 15 CAUSE NO. _____________ KEN MANSOUR, § IN THE DISTRICT COURT PLAINTIFF, § § v. § ______ JUDICIAL DISTRICT § GEICO COUNTY MUTUAL INSURANCE § COMPANY, § DEFENDANT. § TARRANT COUNTY, TEXAS PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS To: Defendant., by serving its registered agent. You are hereby notified that Plaintiff demands that within fifty (50) days after the service of these requests, Defendant specifically admit or deny the Requests for Admissions as set forth herein. A failure to specifically answer any request, or an evasive answer to any request, will be taken as an admission of truth of such request. Respectfully submitted, ALMASRI MARZWANIAN LAW GROUP PLLC By: Sam Almasri Texas Bar No. 24053071 Email: sam@theamslawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorney for Plaintiff PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 16 DEFINITIONS AND INSTRUCTIONS 1. As used herein, the terms, “you” an “your”, shall refer to Defendant, Defendant’s attorneys, agents, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of Defendant, whether authorized to do so or not. 2. “Person”: The term “person” shall include individuals, associations, partnerships, corporations, and any other type of entity or institution whether formed for business purposes or any other purposes. 3. “Settlement”, as used herein, means: (a) an oral or written, disclosed or undisclosed agreement, bargain, contract, settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit arrangement, contingent settlement, limitation on the amount of liability or judgment, or a promise by or between plaintiff and any defendant or between any defendant herein whereby plaintiff or defendant have in any way released or compromised, in whole or in part, directly or indirectly, or agreed to do so in the future, any of the matters in controversy in this lawsuit whether before, after or during trial or before or after any jury verdict is returned herein or a judgment is entered or rendered herein; (b) any resolution of the differences between the Defendant and Plaintiff by loan to the Defendant or any other device which is repayable in whole or in part out of any judgment the Defendant may recover against defendant; (c) “Mary Carter Agreements” as that term is used under Texas Law. 4. Unless a specific date or dates is set forth in any specific question herein, you are directed that each question shall be answered for the period of time up to and including the present date. PLAINTIFF’S_ORGINIAL PETITION AND DISCOVERY REQUEST Page 16 REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1: Admit or deny that Plaintiff had a policy of automobile insurance coverage with Defendant as of the date of the accident made the basis of this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 2: Admit or deny that Plaintiffs’ automobile insurance coverage with Defendant included underinsured motorist bodily injury coverage. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 3: Admit or deny that Plaintiffs’ underinsured motorist bodily injury coverage was in the amount of $30,000.00 per person as of the date of the accident made the basis of this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 4: Admit or deny that Plaintiffs’ automobile insurance coverage with Defendant was in full force and effect as of the date of the accident made the basis of this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 5: Admit or deny that Plaintiff was currently paying his premium for automobile insurance coverage with Defendant as of the date of the accident made