12 Fla. L. Weekly Supp. 255a
Insurance — Personal injury protection — Discovery — Interrogatories — Insurer is ordered to answer interrogatories concerning use of members, employees or experts of claims management company to testify as experts or perform analysis, examination or render opinions for insurer — Insurer is ordered to answer interrogatories concerning use of chiropractor to perform medical examinations on its behalf
SUNCOAST MEDICAL & REHAB CENTERS, INC., (As assignee of Charlene Zack), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 04-7555-SC, Division J. December 13, 2004. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa. Randall Wainoris.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL DISCOVERY
THIS CAUSE having come before the court on December 1, 2004 on Plaintiff’s Motion to Compel Discovery, the court having heard argument of counsel, rules as follows:
Plaintiff propounded the following interrogatories to Defendant:
1. Please identify each case in which members, employees, or experts of Florida Claims Management, have testified as an expert witness by deposition during the past three years for PROGRESSIVE EXPRESS INSURANCE COMPANY. Allstate Insurance Company v. Hodges (2003 WL 21946592 (Fla. App. 2 Dist.) [28 Fla. L. Weekly D1910a].
2. Please identify each case in which members, employees, or experts of Florida Claims Management, have testified as an expert witness in trial during the past three years for PROGRESSIVE EXPRESS INSURANCE COMPANY. Allstate Insurance Company v. Hodges (2003 WL 21946592 (Fla. App. 2 Dist.) [28 Fla. L. Weekly D1910a].
3. For the past three years, how many litigation cases [h]as Florida Claims Management, performed an analysis, examination or rendered opinions for PROGRESSIVE EXPRESS INSURANCE COMPANY. Allstate Insurance Company v. Hodges (2003 WL 21946592 (Fla. App. 2 Dist.) [28 Fla. L. Weekly D1910a].
4. Please identify the total amount of money that members, employees, or experts of Florida Claims Management, have been paid in the past three years for PROGRESSIVE EXPRESS INSURANCE COMPANY. Allstate Insurance Company v. Hodges (2003 WL 21946592 (Fla. App. 2 Dist.) [28 Fla. L. Weekly D1910a].
5. Please state the taxpayer identification number of the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, Allstate Insurance Company v. Hodges (2003 WL 21946592 (Fla. App. 2 Dist.) [28 Fla. L. Weekly D1910a].
6. Please state below each and every case, or lawsuit, in which PROGRESSIVE EXPRESS INSURANCE COMPANY has retained Howard Hochman, D.C. for the purpose of examining a patient injured Plaintiff for the past three (3) years.
7. Please state below each and every case, or lawsuit, in which Howard Hochman, D.C. has performed any physical examination(s), on behalf of PROGRESSIVE EXPRESS INSURANCE COMPANY, either in a form of a written medical examination, deposition or trial for the past three (3) years.
The Defendant objected to all of the interrogatories, but did provide an answer to Numbers 4 and 5.
This court is bound by the 2nd District Court of Appeal decision of Allstate Insurance Company v. Hodges (2003 WL 21946592 (Fla. App. 2 Dist.) [28 Fla. L. Weekly D1910a]. Therefore, Defendant has sixty (60) days from the date of this order to provide answers to the aforementioned interrogatories.
It is ORDERED AND ADJUDGED that Plaintiff’s Motion to Compel Discovery is HEREBY GRANTED.
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