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FLORIDA SPINE CARE AND PAIN CENTER, (as assignee for Randy Yarbrough), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

12 Fla. L. Weekly Supp. 565b

Insurance — Personal injury protection — Discovery — Interrogatories — Motion to compel better answers to interrogatories requesting information related to reasonableness of medical provider’s charges, including information regarding amounts provider accepts from patients and entities other than insurer, is granted

FLORIDA SPINE CARE AND PAIN CENTER, (as assignee for Randy Yarbrough), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2004-CC-004264, Division J. January 31, 2005. Eleni E. Derke, Judge. Counsel: Earl I. Higgs, Morgan, Colling & Gilbert, P.A., Orlando, for Plaintiff. Christopher K. Leifer, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.

ORDER ON DEFENDANT’S MOTION TO COMPEL BETTER ANSWERS TO DEFENDANT’S FIRST INTERROGATORIES

THIS CAUSE, having come before the Court on Defendant’s Motion to Compel Better Answers to Defendant’s First Interrogatories, and after hearing argument of counsel and being otherwise fully advised in the premises, it is:

ORDERED AND ADJUDGED:

1. Paragraph 12 of Plaintiff’s Complaint alleges that the Defendant has failed to “pay PIP benefits in accordance with Florida law . . . .” Specifically, Plaintiff is disputing the reductions made to Plaintiff’s charges.

2. Defendant’s Interrogatories, numbered 3, 4, 5 and 8, request information, from Plaintiff, related to the charges for medical services allegedly rendered by Plaintiff, including, but not limited to; amounts accepted for payment, by Plaintiff, from HMO’s, PPO’s, cash paying patients, etc.

3. Defendant is entitled to all documentation in Plaintiff’s possession that evidences the reasonableness of the charges for the alleged treatment performed or provided by Plaintiff, including information regarding the amounts that Plaintiff accepts from patients and entities other than Defendant.

4. Defendant’s Motion to Compel Better Answers to Defendant’s First Interrogatories is hereby GRANTED.

5. Plaintiff shall provide better Answers within 30 days.

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