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BIGLEY & ASSOCIATES, P.A., d/b/a PREMIER ORTHOPEDICS OF ORLANDO as assignee of JUSTIN PIERRE, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

15 Fla. L. Weekly Supp. 373a

Insurance — Personal injury protection — Discovery — Insurer is required to produce all amounts paid for CPT code at issue within county during six-month period, records reflecting how it determined benefits owed to medical provider, and documents justifying reduced charge

BIGLEY & ASSOCIATES, P.A., d/b/a PREMIER ORTHOPEDICS OF ORLANDO as assignee of JUSTIN PIERRE, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 07-SC-2332 #71. December 4, 2007. Antoinette D. Plogstedt, Judge. Counsel: Michelle L. Kelson, Coury Law Firm P.A., Lake Mary. George Milev.

ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL BETTER RESPONSES TO AUGUST 6, 2007 REQUEST TO PRODUCE

THIS CAUSE, having come before the Court on November 1, 2007, and the Court having reviewed the Plaintiff’s Motion to Compel Better Responses to Plaintiff’s August 6, 2007 Request to Produce, and being otherwise fully advised in the premises, it is hereby

ORDERED AND ADJUDGED as follows:

1. Plaintiff’s motion is GRANTED;

2. Defendant will serve full and complete responses, within 20 days from the date of the above hearing, without objections, to request #3, which reads: “Any and all records reflecting how you determined the benefits that were owed to the Plaintiff”; and,

3. Defendant shall produce in any format, all amounts paid to Orthopedics, in the Orange County area, for CPT Code 99244, for the time period from August 19, 2006 through and including February 15, 2007. The production shall include the date of service, the amount paid, and the name of the provider that it was paid to for CPT Code 99244. Defendant shall produce the document(s) within 30 days from the date of the above hearing.

4. Defendant will serve full and complete responses within 20 days from the date of the above hearing, without objection, to request #6, which reads: “Please produce any and all documents, reports, evidence, in which Progressive has in its possession, custody and control to explain or justify the reasonableness of the reduced charge pursuant to Fla. Stat 627.736(4)(b).”

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