15 Fla. L. Weekly Supp. 1198a
Insurance — Personal injury protection — Discovery — Depositions — Insurer that has designated litigation adjuster for deposition pursuant to rule 1.310(b)(6) is not required to produce presuit adjuster named in medical provider’s notice of taking deposition
JB MEDICAL GROUP, INC. (a/a/o HERIBERTO RIVERA, JR.), Plaintiff, vs. ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 08-2123 SP 26 2. October 2, 2008. Robin Faber, Judge. Counsel: Lina Husseini, Law Office of Maria E. Corredor, for Plaintiff. Rory P. Biggnis, Kirwan & Spellacy, P.A., Fort Lauderdale, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF DEFENDANT’S PRE-SUIT ADJUSTER WITH THE MOST KNOWLEDGE AND FOR SANCTIONS
THIS CAUSE having come upon to be heard on Plaintiff’s Motion to Compel Deposition of Defendant’s Pre-Suit Adjuster with the Most Knowledge and for Sanctions, the Court having considered same, and being otherwise advised in the premises, does hereby make the following findings of fact and conclusions of law:
1. That the Plaintiff has sued the Defendant for alleged breach of contract pursuant to Florida Statute § 627.736.
2. That the Plaintiff has attempted to notice the deposition of the Defendant’s Pre-Suit Adjuster with the Most Knowledge.
3. That the Defendant has agreed to provide their Litigation Adjuster as the Person with the Most Knowledge of the subject claim pursuant to the provisions of Fla. R. Civ. P. 1.310(b)(6).
4. That Fla. R. Civ. P. 1.310(b)(6) states, “In the notice a party may name as the deponent a public or private corporation, a partnership or association, or a governmental agency, and designate with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to do so, to testify on its behalf and may state the matters on which each person designated will testify. The persons so designated shall testify about matters known or reasonably available to the organization. This subdivision does not preclude taking a deposition by any other procedure authorized in these rules.” [Emphasis Added].
5. That, despite the Plaintiff’s insistence on noticing the deposition of the Defendant’s Pre-Suit Adjuster, the Defendant has properly designated a Litigation Adjuster for deposition pursuant to Fla. R. Civ. P. 1 .310(b)(6) and, accordingly, does not have to produce a Pre-Suit Adjuster pursuant to Plaintiff’s Notice of Taking Deposition.
Fla. R. Civ. P. 1.310(b)(6) is clear that a corporate Defendant may designate a corporate representative for the purpose of sitting for deposition on behalf of the corporate Defendant and , accordingly, it is hereupon ORDERED AND ADJUDGED:
1. That the Plaintiff’s Motion to Compel Deposition of Defendant’s Pre-Suit Adjuster with the Most Knowledge and for Sanctions is hereby Denied.
