10 Fla. L. Weekly Supp. 644c
Insurance — Discovery — Insurer that failed to respond timely to discovery requests has waived all non-privileged objections thereto — Insurer is ordered to provide better responses to interrogatories and requests for production and file privilege log for any asserted objections based on privilege
FRANCISCO M. GOMEZ, M.D., P.A., (As assignee of Maria Laverde), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-16207 SC. Division H. June 17, 2003. Paul L. Huey, Judge. Counsel: Edgar Guzman. Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
THIS CAUSE having come before the Court on May 28, 2003 pursuant to Plaintiff’s Motion to Compel Better Responses to Plaintiff’s Requests for Production and Better Answers to Plaintiff’s Interrogatories, and both parties having appeared through counsel, and the Court having been fully advised in the premises, it is therefore:
ORDERED AND ADJUDGED:
1. The Plaintiff’s Motion to Compel is hereby GRANTED.
2. The Defendant failed to respond timely according to the Florida Rules of Civil Procedure, and has therefore waived all untimely non-privileged objections to Plaintiff’s discovery.
3. The Defendant shall provide better responses to Plaintiff’s Requests for Production number one (1) regarding any pertinent insurance policies and declaration pages.
4. The Defendant shall provide better responses to Plaintiff’s Requests for Production number two (2)(e) regarding correspondence to or from anyone prior to this lawsuit regarding the selection of doctors for independent medical examinations and any law enforcement agencies.
5. The Defendant shall provide better responses to Plaintiff’s Request for Production number six (6) regarding payments made by Defendant in the last three years to the company or system which recommended the usual and customary reductions in this claim.
6. The Defendant shall provide better answers to Plaintiff’s Interrogatories number nineteen (19) regarding whether the Defendant entered a license agreement with National Biosystems, Inc. as part of the Defendant’s computer program to review claims.
7. For any responses for which the Defendant asserts an objection based on privilege, the Defendant shall file a corresponding privilege log.
8. The Defendant shall comply with this Order within thirty (30) days of the date of this hearing.
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