12 Fla. L. Weekly Supp. 151a
Insurance — Personal injury protection — Discovery — Documents — Adjuster’s log — Privilege — Work product — Adjuster’s log becomes non-discoverable work product when adjuster makes determination that independent medical examination report is appropriate — Motion to compel is granted as to adjuster log notes from inception of claim up to time of adjuster making determination that IME was appropriate
EDGE FAMILY CHIROPRACTIC, P.A., a/a/o RACHEL CROSSLEY, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 1st Judicial Circuit in and for Escambia County. Case No. 2004 SC 000699. October 27, 2004. Thomas E. Johnson, Judge. Counsel: Robert Heath, McDonald, Fleming, Moorhead, Ferguson, Green, Smith, Blankenship, Heath & de Kozan, LLP, Pensacola, for Plaintiff. Craig Morris, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL AND PLAINTIFF’S SECOND MOTION TO COMPEL
THIS CAUSE being before the Court on Plaintiff’s Motion to Compel and Plaintiff’s Second Motion to Compel, counsel for the parties indicating agreement as to most matters with the sole issue remaining to be decided as to the discoverability of the adjuster’s log, the Court having reviewed and considered the position of each party, the Court finding that various words are used in determining when and if work product is discoverable, the Court finding that these words vary from contemplation to foreseeability to possible, to other words, the Court finding that at the time a claim is made, that it should not be determined that any litigation is “eminent” or even “foreseeable”, it is simply a claim on a contractual insurance policy between the insured and insurer.
The Court finding that a situation does arise at such time that the work product does become non-discoverable because litigation is foreseeably possible in that particular claim. The Court determines that time to be when the adjuster determines that a IME report is appropriate and requests an IME report. The Court being otherwise fully advised in the premises, it is,
ORDERED AND ADJUDGED:
1. That the Plaintiff’s Motion to Compel is hereby granted and that all adjuster log notes shall be submitted to the Plaintiff in un-redacted status from the inception of the claim up to time of the adjuster making the determination that an IME report was appropriate.
2. The Court determines that information obtained after the date of determination for an IME report are work product of the Defendant and therefore not subject to disclosure.
3. The aforementioned unredacted log note entries listed in paragraph #1 above shall be provided to Plaintiff within 20 days from date of this Order.
4. The Court retains jurisdiction to consider any awards of attorneys fees and costs at a later date.
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