13 Fla. L. Weekly Supp. 916a
Insurance — Personal injury protection — Discovery — Documents — Where insurer relied on analysis performed by third parties to determine reasonable charges, insurer must produce data underlying analysis even though insurer does not have possession, custody or control of information
B&T MEDICAL CENTER, as assignee of Zoraida Viruet, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case Nos. 03-SC-5080-19S, 04-SC 163, 03-SC-5387, 03-SC-5797. February 8, 2005. John R. Sloop, Judge. Counsel: Dale T. Gobel, De Beaubien, Knight, Simmons, Mantazaris & Neal, LLP, Orlando. Peter A. Shapiro, Law Offices of Peter A. Shapiro, Orlando.
ORDER ARISING OUT OF THE HEARING OF DECEMBER 6, 2004
Following the hearing of December 6, 2004, IT IS ORDERED:
Plaintiff’s Motion to Compel asto the Second Set of Interrogatories andSecond Request for Production and Plaintiff’s Second Motion to Compel as to Plaintiff’s First Request to Produce are dealt with in full asset forth in this Order and the Agreed Order Relating to Plaintiff’s Motion to Compel and Second Motion to Compel asfollows:
1. Plaintiff’s Motion for Leave to Allow More than Thirty Requests for Admission is moot as it was ruled on previously.
2. Plaintiff’s Motion to Gain Compliance with Court Order is moot as Defendant complied with the Order. As to Plaintiff’s Motion to Compel relating to the Second Set of Interrogatories and Second Request for Production:
3. As to the Second Request for Production, the Court sustains the Defendant’s objections to item #1.
4. As to item 6 in Plaintiff’s Second Request for Production, the Court overrules the defendant’s objections requiring Defendant to produce the document requested. The discovery in this paragraph shall be provided to Plaintiff no later than February 28, 2005.As to Plaintiff’s Second Motion to Compel:
5. As to items 30(*), 32(*) and 33(*) in Plaintiff’s First Request to Produce, the Court directs Defendant to produce all the raw data underlying the analysis performed by any third parties that assisted Defendant in determining the amount payable for the CPT codes at issue — 97010, 97012, 99203, 99205, 99213, 97124, 95851, 95831, and E0730 — in the relevant time frame. The Court recognizes that Defendant does not have possession, custody or control of such information, but because Defendant has relied upon a third party in assisting Defendant in determining reasonable charges for particular services, the Court rules that Defendant must produce such documents. Defendant shall have until February 28, 2005 to provide the discovery in this paragraph to Plaintiff.
The terms of the Protective Order, a copy of which is affixed as Exhibit “A” shall apply to all numbers marked with (*).
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