19 Fla. L. Weekly Supp. 358a
Online Reference: FLWSUPP 1905ADVAInsurance — Personal injury protection — Discovery — Insurer’s motion to compel deposition of person with most knowledge of reasonableness of charges is denied — Reasonableness of charges is immaterial since insurer used schedule to reimburse medical provider
ADVANTAGE OPEN MRI, INC., Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; and STATE FARM FIRE AND CASUALTY COMPANY, Defendants. Circuit Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 08-CA-20931, Division K. January 25, 2012. Honorable William P. Levens, Judge. Counsel: David M. Caldevilla and Michael R. Bray, de la Parte & Gilbert, P.A., Tampa; Craig E. Rothburd, Craig E. Rothburd, P.A., Tampa; Lorca J. Divale, Divale Law Group, P.A., St. Petersburg; and Scott R. Jeeves, Jeeves Law Group, P.A., St. Petersburg, for Plaintiff. David B. Kampf, Ramey & Kampf P.A., Tampa, for Defendants.
ORDER DENYING DEFENDANT’S MOTIONTO COMPEL DEPOSITION
This case was before the court on December 14, 2011, for a Case Management Conference. The primary matter argued was the Defendant’s motion to compel the deposition of some person designated by Plaintiff with the most knowledge of the reasonableness of charges. Defense counsel argues that this court cleared the way for such discovery by the ruling announced at the hearing held May 24, 2011. Plaintiff’s counsel argues that discovery on “reasonableness” is immaterial.
This court agrees with Plaintiff. Given that the Defendant/PIP carrier used a schedule to reimburse the Plaintiff/MRI provider, reasonableness discovery is not material. The Defendant’s motion is DENIED and the Plaintiff’s objection is SUSTAINED.
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