13 Fla. L. Weekly Supp. 1073a
Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Default — Where insurer failed to comply with court orders requiring submission of interrogatory responses under oath and production of corporate representative for deposition, there is pattern of insurer requiring court to enter orders compelling discovery with sanctions, insurer was personally involved in acts of disobedience, and insurer’s justification for disobedience is insufficient, insurer’s pleadings are stricken and default is entered
JLD FOODS, d/b/a CHUBBY’S, Plaintiff, v. NATIONAL INSURANCE COMPANY, Defendant. Circuit Court, 1st Judicial Circuit in an for Santa Rosa County. Case No. 2005 CA 000517. July 18, 2006. Ronald V. Swanson, Judge. Counsel: Keith W. Weidner, for Plaintiff. Steven Vargas, Rubington & Laufer, LLC, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR SANCTIONS
AT A HEARING at the Santa Rosa County Courthouse held on July 6, 2006, the parties were represented by counsel. Noticed for hearing was Plaintiff’s Motion for Discovery Sanctions against Defendant National Insurance Company for violating Court orders. Having read and considered the motion, heard argument from counsel and being otherwise fully advised,
THE COURT FINDS as follows:
1. The Order signed May 1, 2006 by this Court required Defendant to submit interrogatory responses under oath. The responses submitted by the Defendant were late and not under oath as required by the Order.
2. The Order signed May 3, 2006 by this Court required Defendant to produce a corporate representative for deposition on or before June 7, 2006. Defendant has failed to produce a corporate representative as required.
3. There is a pattern on the part of Defendant in this case requiring the Court to enter previous orders compelling discovery with sanctions.
4. The Court finds that Defendant National Insurance Company’s disobedience willful or deliberate rather than an act of negligence or inexperience. The law firm for Defendant, Rubington & Laufer, LLC, is an experienced law firm and their representations that the mandates of this Court’s order was overlooked because of a trial schedule rises to the level of willful, deliberate and contumacious.
5. The Court finds, based on representation of defense counsel, that the client (Defendant National Insurance Company) was personally involved in the act of disobedience in that their designated corporate representative was unavailable for a number of reasons which evidences a lack of due diligence. Based on the size of the insurance company, there had to be other adjusters available to be designated as a corporate representative and to the extent they limited themselves to just one the client was personally involved in the disobedience.
6. The pattern of disclaimer, delay and disingenuous neglect towards the Plaintiff initially were that he was told that he did not have a policy to the point now where Plaintiff has been forced to sell his home and personal effects to satisfy the debts of the losses caused to his business by damages that were covered by the policy of insurance.
7. The Court finds that the justification provided by Defendant’s attorney for the obedience is insufficient.
WHEREFORE, it is ORDERED and ADJUDGED as follows:
8. Defendant National Insurance Company’s pleadings are hereby struck and a default judgment is entered against Defendant in favor of Plaintiff.
9. Defendant shall pay Plaintiff fees and costs incurred to obtain this relief.
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