23 Fla. L. Weekly Supp. 1063a
Online Reference: FLWSUPP 2310LOVEInsurance — Personal injury protection — Discovery — Depositions — Insurer is not allowed to depose nurse practitioner regarding her determination that insured suffered emergency medical condition — PIP statute does not permit insurer to challenge determination of qualified provider that insured had emergency medical condition
PHYSICIANS GROUP, LLC a/a/o DEVON LOVE, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County. Case No. 2015-SC-001020-NC. February 17, 2016. Honorable Phyllis Galen, Judge. Counsel: Mark Maynard, for Plaintiff. Christina M. Alvarez, for Defendant.
ORDER ON PLAINTIFF’S MOTIONFOR PROTECTIVE ORDER
On February 8, 2016, this Court heard the Plaintiff’s Motion for Protective Order pursuant to Rule 1.280, Florida Rules of Civil Procedure, and heard opposing counsel’s counter argument and having reviewed the Court’s file, it is hereby ORDERED and ADJUDGED that:
1. The Defendant has scheduled a Telephonic Deposition Duces Tecum of Nina Rojas, ARNP for Tuesday, February 23, 2016 at 3:00 p.m. to question Nurse Rojas regarding her determination that Mr. Love suffered an emergency medical condition.
2. Pursuant to Rule 1.280, Florida Rules of Civil Procedure, the Plaintiff filed for a Motion for Protective Order to prevent Nina Rojas’s deposition from taking place.
3. Florida Statute 627.736 does not permit an insurer to challenge determination of qualified provider that insured had emergency medical condition. See Hess Spinal & Medical Centers, P.A., a/a/o Ton’Taja Butler, Plaintiff, vs. Progressive Select Insurance Company, 23 Fla. L. Weekly Supp. 177a (Hillsborough County Ct. July 30, 2015).
4. The Plaintiff’s Motion for Protective Order is GRANTED. The Defendant is not allowed to conduct the deposition of Nina Rojas, ARNP.
