22 Fla. L. Weekly Supp. 1060a
Online Reference: FLWSUPP 2209MIKKInsurance — Med Pay — Discovery — Depositions — Reasonableness of charges — Once insurer elected to pay Med Pay benefits under permissive statutory fee schedule, reasonableness of charges became irrelevant — Motion to compel deposition regarding reasonableness of charges is denied
STAND-UP MRI OF TALLAHASSEE, P.A., a/a/o/ JILL MIKKELSON, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 2nd Judicial Circuit in and for Leon County. Case No. 2013 SC 2186. October 30, 2014. Robert R. Wheeler, Judge. Counsel: Brett D. Sahm, Bradford Cederberg, P.A., Orlando, for Plaintiff. Andrew L. Chiera, Luks Santaniello, Boca Raton, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TOCOMPEL DEPOSITION AND GRANTING PLAINTIFF’SMOTION FOR PROTECTIVE ORDER
This matter having come before the Court on Defendant’s’s Motion to Compel Deposition filed on October 3, 2014, and Plaintiff’s Motion for Protective Order filed on October 8, 2014, and this Court having reviewed the motions, responses and relevant legal authority, and having heard oral argument by the parties, it is hereby Ordered and Adjudged:
1. At the hearing, both parties acknowledged that Medical Payment benefits are at issue in this case. This Court’s reasoning and holding in its August 21, 2014 Order Denying Defendant’s Motion to Compel Better Responses to Defendant’s Discovery is applicable to both PIP and Medical Payment benefits under the insurance policy.
2. That same reasoning applies to these discovery motions and Defendant’s request to take the deposition of Plaintiff’s billing person. Consequently, Defendant’s Motion to Compel Deposition is DENIED, and Plaintiff’s Motion for Protective Order is GRANTED.
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