18 Fla. L. Weekly Supp. 695b
Online Reference: FLWSUPP 1808DUBO Insurance — Personal injury protection — Confession of judgment — Insurer’s tender of sum less than amount sued upon is not confession of judgment, but offer to settle which medical provider rejected — Confession of judgment and acknowledgment of entitlement to attorney’s fees are stricken — Insurer is ordered to produce PIP adjuster for deposition and answer interrogatories, which it had refused or failed to do in reliance on confession of judgment — Provider may not question adjuster about dates of service for which insurer concedes payment is owed or has been made
MEDICAL SPECIALISTS OF TAMPA BAY, LLC DBA GULF COAST INJURY CENTER, a/a/o James T. DuBois, Jr., Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pasco County. Case No. 51-09-CC-4378-WS/U. May 18, 2011. Honorable Candy Vandercar, Judge. Counsel: Arthur Liebling, Liebling & Liebling, Safety Harbor, for Plaintiff. Wendy L. Pepper, Rissman, Barrett, Hurt, Donahue & McLain, P.A., Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S CONFESSION OF JUDGMENT and ACKNOWLEDGMENT OF ENTITLEMENT TOREASONABLE ATTORNEY’S FEES and COSTS; MOTION TO COMPEL DEFENDANT TO PRODUCE AMBER ALLENBAUGH FOR DEPOSITION ANDMOTION FOR SANCTIONS; and MOTION TOCOMPEL and FOR SANCTIONS
THIS CAUSE, having come on to be heard by the Court on the 5th day of May, 2011, the parties having appeared through counsel, the Court having reviewed the motions, heard the argument of counsel, and being otherwise fully advised in the premises, finds that Defendant tendered an amount less than the amount sued upon, along with a Notice Of Confession Of Judgment And Acknowledgment Of Entitlement To Reasonable Attorney’s Fees And Costs. Plaintiff rejected this tender and returned Defendant’s check.
Believing that its Confession Of Judgment resolved the underlying issues asserted in the Complaint, the Defendant refused to produce Amber Allenbaugh, its PIP adjuster, for deposition and failed to furnish verified answers to Plaintiff’s First Set Of Interrogatories.
The Court further finds that Defendant’s tender of a sum in less than the full amount sued upon in these circumstances is not a Confession Of Judgment, but an offer to settle. This offer was rejected by the Plaintiff.
The Court further finds that the Defendant concedes that payment for date of service (DOS) 2/14/08 is owed and payment for DOS 4/23/08 has been paid. The Defendant contends it did not receive timely notice of Plaintiff’s bill for DOS 3/3/08. It is thereupon,
ORDERED AND ADJUDGED that Defendant’s Confession Of Judgment And Acknowledgment Of Entitlement To Reasonable Attorney’s Fees And Costs is hereby stricken. It is further
ORDERED AND ADJUDGED that the Defendant shall produce Amber Allenbaugh for deposition. The Plaintiff shall not question Ms. Allenbaugh relative to DOS 2/14/08 and 4/23/08. It is further
ORDERED AND ADJUDGED that on or before May 25, 2011 Defendant shall furnish Plaintiff with verified Answers to Plaintiff’s First Set Of Interrogatories.
