18 Fla. L. Weekly Supp. 625b
Online Reference: FLWSUPP 1807SCHW
Insurance — Personal injury protection — Discovery — Expert witness — Insurer is required to answer interrogatories and produce materials concerning relationship between insurer and expert witness, including information about frequency of expert’s testimony, performance of analyses and corresponding payments by insurer — Insurer is also required to produce information relating to any products expert has sold to insurer for purpose of performing peer reviews and independent medical examinations
DOCTORS RX US, INC., (As Assignee of Michael Schwartz), Plaintiff, vs. DEPOSITORS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 10-CC-024305, Division J. April 26, 2011. Honorable Gaston J. Fernandez, Judge.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL DISCOVERY
THIS CAUSE having come before the court on March 31, 2011, on Plaintiff’s Motion to Compel Discovery. The court having being otherwise fully advised in the premises, it is hereby ORDERED and ADJUDGED as follows:
Plaintiff submitted the following Interrogatories to Defendant:
1. Please identify each case in which members, employees, or experts of David Karp, M.D. have testified as an expert witness by deposition during the past three years for Defendant and any of Defendant’s subsidiaries. Allstate Insurance Company v. Hodges, (2003 WL 21946592 (Fla. App. 2 Dist.).
2. Please identify each case in which members, employees, or experts of David Karp, M.D. have testified as an expert witness in trial during the past three years for Defendant and any of Defendant’s subsidiaries. Allstate Insurance Company v. Hodges, 28 Fla. L. Weekly D1910a (Fla. 2d DCA 2003).
3. For the past three years, how many litigation cases has David Karp, M.D. performed an analysis, examination or rendered opinions for Defendant and any of Defendant’s subsidiaries. Allstate Insurance Company v. Hodges, 28 Fla. L. Weekly D1910a (Fla. 2d DCA 2003).
4. Please identify the total amount of money that members, employees, or experts of David Karp, M.D. have been paid in the past three years for Defendant and any of Defendant’s subsidiaries. Allstate Insurance Company v. Hodges, 28 Fla. L. Weekly D1910a (Fla. 2d DCA 2003).
5. Please state the taxpayer identification number of the Defendant, and any of Defendant’s subsidiaries, Allstate Insurance Company v. Hodges, 28 Fla. L. Weekly D1910a (Fla. 2d DCA 2003).
6. Please state below each and every case, or lawsuit, in which Depositors Insurance Company has retained David Karp, M.D., for the purpose of examining a patient physically and/or a peer review for the last three (3) years.
7. Please state below each and every case, or lawsuit, in which David Karp, M.D., has performed any peer review and/or physical examination(s), on behalf of Depositors Insurance Company, either in a form of written medical examination, deposition or trial for the past three (3) years.
Plaintiff submitted a Request to Produce which requested that the following items and matters be produced:
1. Any and all contracts, correspondence, letters, writings, memorandums, handwritten notes, reports, statements, bills and any other documents of any kind showing the relationship and/or any agreements between Depositors Insurance Company and/or any of its subsidiaries and David Karp, M.D. and/or any of its subsidiaries.
2. Any and all contracts, correspondence, letters, writings, memorandums, handwritten notes, reports, statements, bills and any other documents of any kind showing the past and present relationship and course of conduct between Depositors Insurance Company and/or any of its subsidiaries and David Karp, M.D. and/or any of its subsidiaries.
3. 1099’s and/or any other documents, records, ledgers or writings which would indicate how much monies Depositors Insurance Company and/or any of its subsidiaries has paid David Karp, M.D. and/or any of its subsidiaries for the past three (3) years.
4. Electronic copies or otherwise of any and/all products and/or computer applications/databases/modules which David Karp, M.D. and/or any of its subsidiaries has provided to and/or sold to Depositors Insurance Company and/or any of its subsidiaries for the purpose of performing peer reviews and/or IME’ s.
5. Any and all instruction manuals and/or user guides for the operation and maintenance of the items in paragraph four (4) above provided to Depositors Insurance Company and/or any of its subsidiaries and/or in the possession of David Karp, M.D. and/or any of its subsidiaries.
6. 1099’s and/or any other documents, records or writings which would indicate how much monies David Karp, M.D. and/or any of its subsidiaries has been paid by insurance companies for the past three (3) years in the State of Florida for the use of the same or similar items in paragraph four (4) above.
7. Any and all documents, treatises, surveys and/or polls which David Karp, M.D. and/or any of its subsidiaries has made use of in creating the items in paragraph four (4) above.
Plaintiff’s motion is GRANTED in full with the only limitation being that the order only relates to David Karp, M.D., not members, employees, or experts of David Karp, M.D. Defendant must respond to this order within thirty (30) days .
