10 Fla. L. Weekly Supp. 917c
Insurance — Discovery — Depositions — Bad faith
BOYLAN CHIROPRACTIC CLINIC, As Assignee of LINDA SHELDON, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-02-4227. September 23, 2003. C. Jeffery Arnold, Judge. Counsel: Kevin Weiss. George Milev, Adams, Blackwell & Diaco, P.A., Tampa.
ORDER
THIS CAUSE having come before the Court on Plaintiff’s Motion to Compel Deposition and Defendant’s Motion for Protective Order on July 17, 2003, and the Court having heard arguments by Plaintiff and Defendant and otherwise being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED:
1. Defendant’s Motion for Protective Order is GRANTED, without prejudice.
2. The Court has considered the letter drafted to the Florida Department of Insurance by Ms. Richardson, as well as the arguments by counsel. The Court finds that taking the deposition of Ms. Richardson would constitute bad faith discovery. There will be no bad faith discovery in this case at this time.
3. Plaintiff’s Motion to Compel Deposition as it relates to Joyce Richardson is DENIED, without prejudice.
4. Plaintiff may take the deposition of the adjuster who actually did process the bills at issue.
5. If Plaintiff finds that Ms. Richardson was involved in the receipt, the processing, the authorizing of payment, the reduction of payment or denial of payment, then Plaintiff may take her deposition testimony of her involvement in the case upon petitioning to the Court.
6. Response by a high ranking corporate officer for Defendant to a Civil Remedy Notice which is not part of the lawsuit does not evidence need for taking her deposition.
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