23 Fla. L. Weekly Supp. 987a
Online Reference: FLWSUPP 2309RUBIInsurance — Automobile — Discovery — Emails and phone calls to insured from insurer — Depositions — Scope of inquiry regarding claims handling practices
GLASSMAX, INC. a/a/o ELIZABETH RUBIO, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Manatee County, Civil Division. Case No. 2014-SC-004663. January 11, 2016. Honorable K. Douglas Henderson, Judge. Counsel: Christopher J. Martin, Cohen Battisti & Grossman, P.A., Maitland, for Plaintiff. Diane Cassie Bermudez, Law Office of Aaron E. Leviten, North Florida PIP House Counsel, Maitland, for Defendant.
ORDER GRANTING PLAINTIFF’S AMENDED MOTIONTO COMPEL BETTER ANSWERS TO DISCOVERY
THIS CAUSE having come before this Honorable Court for consideration of the Plaintiff’s Amended Motion to Compel Better Answers to Discovery, and the Court having reviewed the Motion, having heard argument of counsel, and having been sufficiently advised in the premises therein, it is hereby:
ORDERED AND ADJUDGED that Plaintiff’s Amended Motion to Compel Better Answers to Discovery is GRANTED IN PART and DENIED IN PART. It is further,
ORDERED AND ADJUDGED that Defendant shall provide any emails that it sent to Elizabeth Rubio related to this claim within 30 days of the hearing held on December 29, 2015. It is further,
ORDERED AND ADJUDGED that counsel for the Defendant shall prepare a letter to counsel for the Plaintiff and outline therein the dates when any phone calls were made by Defendant to Elizabeth Rubio related to this claim. That information shall be provided to counsel for the Plaintiff within 30 days of the hearing held on December 29, 2015. It is further,
ORDERED AND ADJUDGED that Defendant’s Corporate Representative shall not sit for a second deposition and shall not be compelled to answer the question certified by Plaintiff, to wit: “So is that something Progressive requires from all of their insureds, to do a pre-inspection, to do pre-work inspection of the vehicle?,” as that request seeks information related to claims handling practices and procedures, and is irrelevant to the matter at bar.
