IN THE CIRCUIT COURT OF THE

17TH JUDICIAL CIRCUIT, IN AND FOR

BROWARD COUNTY, FLORIDA
STEVEN POULOS,
CASE NO.: 11-023833 CACE (14)
Plaintiff,
vs.
ALLSTATE INSURANCE COMPANY,
RMK INSURANCE GROUP, INC.,
JOSE KUDJA, individually, and
REBECCA KUDJA, individually,
Defendants.
___________________________________/
PLAINTIFFS NOTICE OF SERVING ANSWERS TO
ALLSTATE'S FIFTH SET OF INTERROGATORIES
Plaintiff, STEVEN POULOS (Poulos), by and through undersigned counsel and
pursuant to Fla. R. Civ. P. 1.340, hereby serves its Answers to Defendant, Allstate Insurance
Company's Fifth Set of Interrogatories.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been served
by e-mail via the Florida Courts eFiling Portal (pursuant to Rule 2.516, Florida Rules of Judicial
Administration and Administrative Order SC13-49) upon Brett M. Carey, Esq. and Lori J.
Caldwell, Esq., lcaldwell@rumberger.com; bcarey@rumberger.com; kolson@rumberger.com;
docketingorlando@rumberg.com; Rumberger, Kirk & Caldwell, 300 South Orange Avenue,
Lincoln Plaza, Suite 1400, Orlando, FL 32802-1873; and Sean L. Collin, Esq.,
sean@lyonssnyder.com; family_civil@lyonssnyder.com; Lyons, Snyder & Collin, P.A., 1250
South Pine Island Road, Suite 200, Plantation, FL 33324 this __ day of July 2015.
BROAD AND CASSEL
Counsel for Plaintiff
One Financial Plaza
100 S.E. Third Avenue, Suite 2700
Fort Lauderdale, Florida 33394
Phone: 954-764-7060 Fax: 954-761-8135
arabinowitz@broadandcassel.com
slbrown@broadandcassel.com
chorton@broadandcassel.com
By: /s/ Christopher M. Horton
Adam G. Rabinowitz
Florida Bar No.: 177962
Christopher M. Horton
Florida Bar No.: 91161

CASE NO.: 11-023833 CACE (14)

PLAINTIFF'S ANSWERS TO
ALLSTATE'S FIFTH SET OF INTERROGATORIES
1.

Please identify the officers, directors, or managers of Allstate Insurance Company

who you claim knowingly condoned, ratified, or consented to "intentional misconduct" or "gross
negligence," as those terms are defined in Florida Statute 768.72(2); with regard to each person
identified, please describe with specificity how that person condoned, ratified, or consented to
intentional misconduct or gross negligence.
ANSWER: To the extent portions of this Interrogatory request Plaintiff to disclose legal
analysis, Plaintiff objects on the basis of attorney-client and work product privilege.
Notwithstanding and without waiving these objections, each of the following officers,
directors or managers had knowledge that RMK was investigated and terminated for
falsification of company documents and fraudulent underwriting and had knowledge of
the sale of the RMK book of business to Plaintiff without disclosing the underlying
issues within the book of business that caused the investigation and termination: Mike
Sheely, Alex Shimkus, Bill Ayo, Bob Jackson, Olga Otera, Richard Cairns, and Mariano
Reis. Each of these individuals had additional knowledge specific to either the
investigation, termination or sale as set forth below:

(1) Mike Sheely -- First, Mr. Sheely was involved and had specific information
concerning the basis for termination RMK/Kudja. Second, with knowledge of
materially adverse information concerning the RMK/Kudja Book of Business
(BOB), Mr. Sheely approved the sale of the BOB to the Plaintiff, Poulos.
Third, Mr. Sheely was also personally approached by Plaintiff, Poulos, regarding
various concerns about the BOB prior to the Plaintiffs acquisition of same.
Notwithstanding specific knowledge of materially adverse information, Mr.
Sheely intentionally refused to advise the Plaintiff, Poulos, of this materially
adverse information concerning the BOB as to permit Poulos to make a fully
informed decision before acquiring same.
(2) Sara Crowley First, Ms. Crowley was involved and had specific information
concerning the investigation of RMK/Kudja. In fact, she concluded that the
initial review by Joseph Cackowski showed a consistent pattern of engineering of
policies and the improper behavior had serious implications. Second, Ms.
Crowley knew about the termination of RMK/Kudja as a result of the
investigation into RMK/Kudja. Third, Ms. Crowley had knowledge that Poulos
was approved to purchase the BOB from RMK/Kudja. Despite having concerns
of engineering of policies by RMK/Kudja and the serious implications thereof,
Ms. Crowley did not to disclose the investigation and findings to Poulos and
failed to endeavor whether other Allstate officers, directs, or managers had
disclosed same.

CASE NO.: 11-023833 CACE (14)

(3) Alex Shimkus First, Mr. Shimkus was intimately involved with the
investigation and termination of RMK/Kudja. Second, he later was also
involved in the State of Floridas investigation of the termination of
RMK/Kudja. Finally, he assisted in the determination that the details of
Allstates investigation and termination should remain "confidential" as to avoid
disclosure of the involuntary termination of RMK/Kudja, which was a violation
of Florida law.
(4) Bill Ayo First, Mr. Ayo was involved and had specific information concerning
the basis for termination RMK/Kudja. Second, with knowledge of materially
adverse information concerning the BOB, Mr. Ayo approved the sale of the BOB
to the Plaintiff, Poulos.
(5) Bob Jackson First, Mr. Jackson was involved and had specific information
concerning the basis for termination RMK/Kudja. Second, with knowledge of
materially adverse information concerning the BOB, Mr. Jackson approved the
sale of the BOB to the Plaintiff, Poulos.
(6) Olga Otera, Richard Cairns and Mariano Reis All of these individuals were
intimately involved with the sale of the BOB and had knowledge of the
materially adverse information concerning the BOB. They also took part in
extending the potential termination payment to RMK/Kudja such that Plaintiff
could purchase the BOB and actively concealed from the Plaintiff, Poulos, the
underlying investigation and termination.
As discovery remains open, Plaintiff reserves the right to amend this Answer and
assert that additional officers, directors, or managers were involved in the
underlying fraud and punitive conduct.

______________________________
Print Name:
STATE OF FLORIDA
COUNTY OF BROWARD

)
) SS:
)

The foregoing answers to interrogatories were acknowledged before me this _____ day of
___________, 2015, by _______________________, who is personally known to me or who has
presented ________________________________ as identification and who did / did not take an
oath.
__________________________________
NOTARY PUBLIC, State of Florida
My commission expires: