14 Fla. L. Weekly Supp. 167b
Insurance — Personal injury protection — Discovery — Interrogatories — Insurer is required to provide better answer to interrogatory asking for total amount of money paid by insurer or any subsidiaries in three-year period to certain entity — Insurer is required to produce every explanation of benefits and explanation of reimbursement generated for CPT codes at issue in geozip area for three months prior to and three months after dates of service
SPINE & REHAB MEDICINE, P.A., (as assignee of Rose Gianotti), Plaintiff, v. DAIRYLAND INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Hernando County, Civil Division. Case No. H-27-SP-2006-270. November 14, 2006. Kurt E. Hitzeman, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. David A. Boulos, Tampa, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL DISCOVERY
THIS CAUSE having come before the Court on October 25, 2006 on Plaintiff’s Motion to Compel Better Answers to Plaintiff’s Second Interrogatory to Defendant and Plaintiff’s Motion to Compel Discovery as to Plaintiff’s Second Request to Produce. Present before the court were Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, David A. Boulos, Esquire. The court after hearing argument of counsel and after review of the file makes the following findings.
It is ORDERED and ADJUDGED as follows:
1. The Plaintiff’s Second Interrogatory to Defendant asked the following: “Please state the total amount of money Sentry Insurance, including all of its subsidiaries, have paid Mitchell Medical in the years 2004, 2005 and 2006.”
2. The Plaintiff’s Motion to Compel Better Answers to Plaintiff’s Second Interrogatory to Defendant is hereby granted.
3. The Defendant shall provide better answers to Plaintiff’s Second Interrogatories within twenty (20) days of the date of the hearing.
4. The Plaintiff’s Second Request to Produce requested the following: “Each and every explanation of benefit (BOB) and explanation of reimbursement (EOR) generated by the Defendant for the geozip 346__ for the time period of three (3) months prior to, and three (3) months subsequent to each of the respective dates of service and CPT codes at issue pursuant to the attached Statement of Particulars.”
5. The Plaintiff’s Motion to Compel Discovery as to Plaintiff’s Second Request to Produce is hereby granted.
6. The Defendant shall provide each and every explanation of benefit (EOB) and explanation of reimbursement (EOR) generated by the Defendant for the geozip 346__ for CPT code 99213 for the time period of July 28, 2005 through March 31, 2006 within sixty (60) days of the date of hearing.
7. There shall be no bond required from the Plaintiff.
8. The parties shall resolve the issues of copying expenses for said production. In the event that the parties are not able to resolve issues regarding reasonable copying expenses, then the Court will address same at a later date.
