10 Fla. L. Weekly Supp. 414a
Insurance — Personal injury protection — Discovery — Motion to compel production of documents is denied in part based on finding that responses that insurer has previously produced items or that documents do not exist are sufficient — Insurer ordered to produce plaintiff’s PIP policy and declarations, materials used to train insurer’s personnel on how to deal with plaintiff attorneys, insurer’s publications on PIP issues distributed to PIP adjusters and/or PIP special investigation unit employees in region, and materials used to train PIP SIU employees and managers in region — Insurer to provide more specific response on SIU scorecard on plaintiff’s PIP claim and savings to insurer for market claim offices that handled plaintiff’s PIP claim — Request for all CCPR and insurer publications for four-year period and documents describing savings to insurer nationally as result of use of MBRS on PIP claims denied — Insurer ordered to produce document on defense strategies on PIP lawsuits for in camera inspection to determine relevance and any claim of attorney-client or work product privilege
BERNADETTE ISHIKAWA, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 00-01436. Division B. April 10, 2003. Vivian C. Maye, Judge. Counsel: Douglas M. Fraley, Tampa. William F. Merlin, Tampa. Timothy Patrick, Tampa.
ORDER
This matter came before the Court for consideration of the Plaintiff, Bernadette Ishikawa’s, motion to compel production in response to Plaintiff’s request to produce of May 15, 2002 from Defendant and motion for sanctions and the Court having read the Motion and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED:
1. As to request number 3 that requests:
A copy of any document, manual, reference guide or scorecard that was used by Allstate in 1995 through 1999 to make a determination if a PIP claim should be transferred to the Special Investigation Unit.
Allstate’s response in its first supplemental response is deemed to be sufficient.
2. As to request number 5 that requests:
A copy of the SIU scorecard completed concerning plaintiff’s underlying claim for PIP benefits.
Allstate shall provide a more specific response.
3. As to request number 7 that requests:
A copy of the Allstate insurance policy and declaration sheet(s) on the policy that provided PIP coverage for plaintiff in the underlying case.
Allstate needs to produce the policy and declaration sheet.
4. As to request 10 that requests:
A copy of the CCPR Litigation manuals that were in use by Allstate in 1995 through 1999 at the market claims offices that handled plaintiff’s PIP claims.
Allstate shall state whether or not CCPR Litigation manuals were not used by Allstate in 1995 through 1999 for handling PIP claims in Florida.
5. As to request number 11 that requests:
A copy of any CCPR Litigation manuals that were in use by Allstate in 1995 through 1999 at the attorney offices that handled PIP litigation for Allstate in Hillsborough County and Pinellas County, Florida.
Allstate shall state whether or not CCPR Litigation manuals were not used by Allstate in 1995 through 1999 at the attorney offices for PIP claims in Hillsborough and Pinellas County, Florida.
6. As to request number 12 that requests:
A copy of any manuals, pamphlets, videotapes, audiotapes, CD-ROMs, directives, teaching aids, training aids, computer classes, power point presentations, reference materials or other items that were used by Allstate to train or instruct PIP adjusters or Allstate PIP attorneys on how to deal with plaintiff attorneys.
Allstate needs to produce any items or state that none other than the specific items it has produced.
7. As to request number 13 that requests:
A copy of any MBRS report that was generated as a result of reviewing the medical bills submitted by the plaintiff in the underlying PIP claim.
Allstate’s response under oath as stated in its first supplemental response is deemed sufficient.
8. As to request number 14 that requests:
A copy of all CCPR manuals concerning PIP and/or Med-Pay claim handling used by Allstate during 1995 through 1999 at the market claim offices that handled plaintiff’s PIP claim.
Allstate’s assertion that it has already produced responsive items is sufficient.
9. As to request number 15 that requests:
A copy of any manuals, pamphlets, videotapes, audiotapes, CD-ROMs, directives, teaching aids, training aids, computer classes, power point presentations, reference materials or other items that were used by Allstate during 1995 through 1999 to train, inform or instruct its’ PIP adjusters on proper investigation of PIP claims.
Allstate’s response that it has already produced all items responsive to the request is sufficient.
10. As to request number 16 that requests:
A copy of any manuals, pamphlets, videotapes, audiotapes, CD-ROMs, directives, teaching aids, training aids, computer classes, power point presentations, reference materials or other items that were used by Allstate during 1995 through 1999 to train, inform or instruct its’ PIP adjusters in the PIP Special Investigation Unit.
Allstate’s response that it has previously produced items is sufficient.
11. As to request number 17 that requests:
A copy of all CCPR News, Acclaim and Allstate Now publications during 1995 through 1999.
The request is denied.
12. As to request number 18 that requests:
A copy of any Allstate publications that were published for distribution to Allstate PIP claims employees in the region and territory that encompassed Hillsborough County and Pinellas County, Florida during 1995 through 1999. This includes publications that may have also been given to other P-CCSO employees as well as PIP adjusters.
Allstate is to produce any specific publications that went to PIP adjusters and/or PIP SIU employees that dealt specifically with PIP issues.
13. As to request number 19 that requests:
A copy of any memos, directives or other documents that encouraged Allstate PIP adjusters to refer claims to the Special Investigation Units during 1995 through 1999 in the territory and region that encompassed Hillsborough County and Pinellas County, Florida.
Allstate’s response under oath is sufficient.
14. As to response number 20 that requests:
A copy of any documents referencing any contests or incentive programs for PIP adjusters to refer claims to the Special Investigation Unit during 1995 through 1999 in the region and territory that encompassed Hillsborough County and Pinellas County, Florida.
Allstate’s response under oath that no documents exist is sufficient.
15. As to request number 21 that requests:
A copy of any documents referencing any goals for the number or percentage of PIP claims that Allstate wanted its PIP adjusters to refer to the Special Investigation Unit in 1995 through 1999 in the region and territory that encompassed Hillsborough County and Pinellas County, Florida.
Allstate’s response under oath of none is sufficient.
16. As to request number 22 that requests:
A copy of any manuals, pamphlets, videotapes, audiotapes, CD-ROMs, directives, training aids, teaching aids, computer classes, power point presentations, reference materials or other items used by Allstate to inform, train or teach its’ PIP adjusters on claims ethics during 1995 through 1999 in the region and territory that encompassed Hillsborough County and Pinellas County, Florida.
Allstate’s response that all such items have been produced is sufficient.
17. As to request number 23 that requests:
A copy of any manuals, pamphlets, videotapes, audiotapes, CD-ROMs, directives, training aids, teaching aids, computer classes, power point presentations, reference materials or other items used by Allstate to inform, train or teach its’ PIP adjusters about extra-contractual liability during 1995 through 1999 in the region and territory that encompassed Hillsborough County and Pinellas County, Florida.
Allstate’s affirmation that all documents have been produced is sufficient.
18. As to request number 24 that requests:
A copy of Allstate’s Claim Policy Practices and Procedures Manual that were used by its’ Florida PIP adjusters during 1995 through 1999.
Allstate’s response under oath that none exist is sufficient.
19. As to request number 25 that requests:
A copy of any manuals, pamphlets, videotapes, audiotapes, CD-ROMs, training aids, teaching aids, computer classes, power point presentations, reference materials or other items used by Allstate to inform, teach or train its’ PIP adjusters about theory of defense concerning policy coverages during 1995 through 1999 in the region and territory that encompassed Hillsborough County and Pinellas County, Florida.
Allstate’s response that it has already produced any responsive documents is sufficient.
20. As to request number 26 that requests:
A copy of Allstate’s Automobile Policy Manual I that was in use by Allstate during 1995 through 1999 to train or instruct its’ Florida PIP adjusters.
Allstate’s response under oath of none is sufficient.
21. As to request number 27 that requests:
A copy of Allstate’s Automobile Policy Manual II that was in use by Allstate during 1995 through 1999 to train or instruct its’ Florida PIP adjusters.
Allstate’s response under oath of none is sufficient.
22. As to request number 31 that requests:
A copy of the SIU Seminar (1 week class) materials including any manuals, videotapes, audiotapes, CD-ROMs, power point presentations, computer classes or exercises and other tangible items or a hard copy of any electronic items used by Allstate during 1995, 1996, 1997, 1998 and 1999 in the region and territory that encompassed Hillsborough County and Pinellas County, Florida to train or instruct its PIP SIU adjusters or employees being trained to work in the PIP SIU unit.
Allstate is to produce any portion that is related to PIP SIU training for the employees in the region and territory that encompassed Hillsborough County and Pinellas County, Florida.
23. As to request number 32 that requests:
A copy of any manuals, videotapes, audiotapes, CD-ROMs, power point presentations, computer classes or exercises or any other tangible or a hard copy of any electronic item included with the AEI: Law of Claims Fraud Investigation and Defense Program used by Allstate in 1995, 1996, 1997, 1998 and 1999 to train its’ SIU managers in the region and territory that encompassed Hillsborough County and Pinellas County, Florida.
Allstate is to produce any portion related to the PIP SIU manager training for the employees that were in the region and territory that encompassed Hillsborough County and Pinellas County, Florida.
24. As to request number 33 that requests:
A copy of any memos, directives, e-mails or other correspondence relating to PIP claims handling or SIU PIP claim handling that was forwarded either directly or indirectly from the Process Improvement Center or Process Mastery to the market claims offices that handled plaintiff’s PIP claim during 1995, 1996, 1997, 1998 and 1999.
Allstate shall produce item “f” in its second supplemental response which is listed as: “10/15/96 — defense strategies regarding defense of PIP lawsuits arising from State of Utah to the Court” to this Court for an in-camera inspection for a determination if the item is relevant and not subject to any claim of attorney-client or work product privilege. Allstate asserts there are no other responsive documents other than those set forth in its second supplemental response. If the Court determines that the item is to be produced, the Court will notify the parties’ attorneys in writing, by way of an
ORDER.
25. As to request number 37 that requests:
All CCPR litigation manuals pertaining to “Defense of Litigated Files” or DOLF litigation protocols that were in use by Allstate in Florida for 1995 through 1999.
Allstate’s response that none were used by Allstate with regard to adjusting Florida PIP claims for 1995 through 1998 is sufficient.
26.As to request number 40 that requests:
A copy of any Florida Market Conduct Study relating to PIP claim handling and Allstate’s responses, settlement agreements, fines, penalties and any remedial measures documentation regarding reports from 1995 through 1999.
Allstate’s response under oath of none is sufficient.
27. As to request number 41 that requests:
A copy of all Claims Bulletins, Frontline Performance Updates, e-mails/memos, directives and intranet/internet publications or directives from Process Improvement Center, Process Mastery or home office management to Florida PIP claims adjusters from 1995 through 1999. This request includes items that would have gone to PIP adjusters nationally too.
Allstate response under oath of none is sufficient.
28. As to request number 42 that requests:
A copy of all Claims Bulletins, Frontline Performance Updates, e-mails/memos, directives and intranet/internet publications or directives from Process Improvement Center, Process Mastery or home office management to Florida PIP SIU claims adjusters from 1995 through 1999. This request includes items that would have gone to PIP SIU claims adjusters nationally too.
Allstate’s response under oath of none is sufficient.
29. As to request number 44 that requests:
A copy of any bad faith or unfair claim practices settlement agreements entered into by Allstate in Florida with any individual or health provider from 1995 through 1999 concerning PIP benefits.
Allstate’s response that it does not track the information is sufficient.
30. As to request number 48 that requests:
A copy of any reports, correspondence, papers, files, analysis, memorandum, e-mails and a hard copy of any electronic items which describe the savings, decrease in cost, reduction in expenses or monetary benefits to Allstate nationally as a result of the use of MBRS on PIP claims for 1995 through 1999.
Allstate’s objection is granted.
31. As to request number 49 that requests:
A copy of any reports, correspondence, papers, files, analysis, memorandum, e-mails and a hard copy of any electronic data which describe the savings, decrease in cost, reduction in expenses or monetary benefits to Allstate for the MCOs that handled plaintiff PIP claim for the years 1995 through 1999.
Allstate is to answer more specifically as to the market claim offices (MCOs) that handled Plaintiff’s PIP claim. The request is clarified to mean as a result of the use of MBRS.
32. As to request number 50 that requests:
A copy of any list or outline that details the mandatory classes and training for Allstate employees that are hired to be PIP adjusters or employees to be trained to become a PIP adjuster in Florida for 1995 through 1999.
Allstate’s response under oath of none is sufficient.
33. It is further ordered that all amended responses and all items to be produced shall be responded to and produced within 20 days of April 10, 2003.
* * *
