19 Fla. L. Weekly Supp. 479a
Online Reference: FLWSUPP 1906POZOInsurance — Personal injury protection — Discovery — Depositions — Insurer is not permitted to take depositions of treating physicians at this time where adjuster testified in his deposition that denial of payment for medical bills was based in part on insured’s failure to cooperate and attend examination under oath
ANELYS POZO, an insured individual by and through her assignee, DAMIEN ROGERS, D.C., P.A., D/B/A ALPHA MEDICAL CENTERS, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 11-CC-009150. February 1, 2012. Honorable Gaston J. Fernandez, Judge. Counsel: Kendrick J. Blackwell, FL Legal Group, Tampa, for Plaintiff. Steve Manno, Andrews & Manno PA, Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTIONFOR PROTECTIVE ORDER
THIS CAUSE having come before the Court on January 19, 2012, on Plaintiff’s Motion for Protective Order regarding the depositions which were set by Defendant State Farm of the Plaintiff clinic’s two treating physicians, and the Court having reviewed the file, heard argument of counsel, and being otherwise fully advised in the premises, it is:
ORDERED and ADJUDGED that Plaintiff’s Motion for Protective Order is hereby GRANTED. The depositions of Dr. Rogers, D.C. and Dr. Herrington, D.C. will not be permitted to be taken by Defendant’s counsel at this time. The Court bases its decision on the deposition testimony of State Farm’s adjuster, Chris Raney, who testified that State Farm’s denial of payment of medical bills to the Plaintiff clinic was based, in part, upon the patient/insured’s failure to cooperate and her failure to attend an Examination Under Oath (“EUO”).
Defendant shall cancel the depositions of Dr. Rogers, D.C. and Dr. Herrington, D.C.
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