10 Fla. L. Weekly Supp. 645c
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Where physician president of company which contracts to assist insurer to adjudicate claims was deposed to determine why insurer denied claim and why medical provider was required to have establishment license to lawfully render services, deponent is not entitled to expert witness fee
STUART FOX, LMT, as assignee for Jerome Johnson, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. STUART FOX, LMT, as assignee for John Johnson, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, INC., Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 01-25213 COCE (54). Consolidated with 01-25215 COCE (54). June 17, 2003. Zebedee W. Wright, Judge. Counsel: Cris Boyar, for Plaintiff. Don Mathews, for Defendant.
ORDER DENYING HOWARD COHAN’S REQUEST FOR AN EXPERT WITNESS FEE
THIS CAUSE having come before the Court and the Court having reviewed the pleadings, hearing argument and being otherwise duly advised in the premises, the Court finds as follows:
1. The Plaintiff assignee medical provider filed suit against the Defendant insurance company for PIP benefits as a result of the Defendant’s failure to pay for medical expenses submitted by a licensed massage therapist.
2. The Defendant filed an answer and affirmative defenses which included defenses that the Plaintiff was not qualified to perform the services at issue and because the Plaintiff was required to have an establishment license in order to lawfully render services in the State of Florida.
3. The Plaintiff deposed the medical claims adjuster and the litigation adjuster to find the specific reasons why the bills were not paid and why the Defendant was of the position the Plaintiff needed an establishment license. Both deponents stated they had no personal knowledge as to why the bills were not paid, that Howard Cohan, D.O. was the person with most knowledge to explain why these bills were not paid, and why an establishment license is required.
4. Dr. Cohan is the President of Correct Coding Solutions which has a contract with Progressive to assist Progressive to adjudicate claims.
5. The Plaintiff deposed Howard Cohan, D.O. on April 2, 2003 and he stated under oath the basis of his opinions in this case was founded upon his interpretation of Florida law, the Florida Administrative Codes and his conversation with lawyers.
6. Howard Cohan, D.O. is now claiming an expert witness fee in the amount of $350 per hour for his time appearing at the deposition.
7. The Plaintiff opposes said motion by arguing he is not an expert witness because he is a fact witness as he is the only person with knowledge to testify as to why the Defendant failed to pay the bills at issue and because he is not qualified to give expert opinions based on his interpretation of Florida law. The Plaintiff relies on the cases of Bystrom v. Mutual of Omaha Insurance, 566 So.2d 351 (Fla. 3d DCA 1990) and Lindsay v. Allstate Insurance Co., 561 So.2d 427 (Fla. 3d DCA 1990).
7. The Court hereby finds Howard Cohan is not entitled to an expert witness fee for appearing at the deposition.
IT IS ORDERED AND ADJUDGED the Plaintiff’s Motion for Partial Summary judgment is granted for the reasons stated above.
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