11 Fla. L. Weekly Supp. 930a
Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — If insurer fails to completely respond to discovery requests regarding computer system and database used to reduce bills, it will be prohibited from relying on, utilizing or mentioning vendor used for bill reviews
CENTER FOR ORTHOPAEDIC SURGERY AND SPORTS MEDICINE (Doan Bui), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendants. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. MS 03-002984 RF. June 25, 2004. Joseph Marx, Judge. Counsel: Gary Russo, Law Firm of McAfee & Russo, West Palm Beach. Jonathan S. Brooks, Ft. Lauderdale.
ORDER ON PLAINTIFF’S MOTION TO COMPEL BETTER ANSWERS TO DISCOVERY AND FOR SANCTIONS
THIS CAUSE came to be heard upon the Plaintiff’s Motion to Compel Better Answers to Discovery (2nd Supplemental Request to Produce of March 31, 2004) and for Sanctions, before the Honorable Joseph Marx, on Thursday, June 10, 2004 at 11:30 a.m., and the Court having heard argument of counsel and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED the following:
1. Plaintiff is seeking discovery from PROGRESSIVE EXPRESS INSURANCE COMPANY concerning information about the computer system, statistical data, or data bases used in regard to bill review reductions concerning the Plaintiff’s medical bills pursuant to the Plaintiff’s Second Supplemental Request to Produce.
2. If the Defendant fails to completely respond to the Plaintiff’s Second Supplemental Request to Produce, the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, will be prohibited from relying on, utilizing or mentioning the third party vendor (Correct Coding Solutions). See Baptiste vs. Allstate, 5 FLW [Fla. L. Weekly] Supp 407 (Fla. Palm Beach County Court, 1998); Friedman vs. Progressive Insurance Company, 10 FLW [Fla. L. Weekly] Supp 1057 (Fla. 18th Judicial Circuit, in and for Seminole County, September 24, 2003).
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