11 Fla. L. Weekly Supp. 359c
Insurance — Personal injury protection — Discovery — Documents — Privilege — Insurer is ordered to produce vehicle registrations report and driver’s licenses report, which are not privileged — Privilege log as to Nexis search report not pled with sufficient specificity — Insurer is ordered to amend answer and affirmative defenses to reflect admission that it had proper notice, and need not produce related documents
GOLD CHIROPRACTIC, P.A., (Robens Emile, Patient), Plaintiff, vs. SECURITY NATIONAL INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-2529 CONO 70. February 24, 2004. Steven P. Deluca, Judge. Counsel: Andrew J. Weinstein and Cindy A. Goldstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. Jacob Jackson, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPEL BETTER RESPONSES TO REQUEST FOR PRODUCTION
THIS CAUSE having come on to be heard on February 9, 2004, the Plaintiff’s Motion to Compel Better Responses to Request for Production and the Court having heard argument of counsel, and being otherwise fully advised in the premises, it is hereupon:
ORDERED AND ADJUDGED that:
1. The Plaintiff’s Motion to Compel Better Responses to Request for Production is GRANTED.
2. The documents titled Florida Vehicle Registrations Report and Florida Driver’s Licenses Report are not privileged and Defendant will produce these documents in response to Plaintiff’s request #7 with in 10 days from this Order.
3. Defendant’s Privilege Log is not pled with sufficient specificity as required by TIG Ins. Corp of Am. v. Johnson, 799 So. 2d 339 (Fla. 4th DCA 2001) and The Omega Consulting Group, Inc. v. Templeton, 805 So.2d 1058, (Fla. 4th DCA 2002). Accordingly, Defendant has 10 days from the date of this order to amend its Privilege Log as to documents titled Nexis Search Report.
4. All objections to requests #3 and #5 are withdrawn. Except as to the issue of coverage under the policy of insurance, Defendant admits that it was given proper written notice of a covered loss in compliance with F.S. 627.736. Accordingly, Defendant shall amend its Answer and Affirmative Defenses within 10 days of this Order to reflect this admission. Since Defendant is admitting it had proper notice and notice is not an issue in this matter, Defendant need not produce documents requested in #3 and #5.
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