23 Fla. L. Weekly Supp. 489a
Online Reference: FLWSUPP 2305HONDInsurance — Personal injury protection — Discovery — Depositions — Pre-litigation adjuster
ULTRA CARE & DIAGNOSTIC A/A/O JORGE HONDAL, Plaintiff, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 12-13736-CC05 (04). April 9, 2015. Honorable Lourdes Simon, Judge. Counsel: Walter A. Arguelles, Shuster & Saben, LLC, Miami, for Plaintiff. Paul Cannella, Bronstein & Carmona, P.A., Ft. Lauderdale, for Defendant.
ORDER ON PLAINTIFF’S MOTION TOCOMPEL DEPOSITION OF DEFENDANT’SPRE-LITIGATION ADJUSTER
This cause came before the Court for hearing on April 9, 2015, on Plaintiff’s Motion to Compel Deposition of Defendant’s Pre-Litigation Adjuster. The Court having reviewed the motion and entire Court file, heard argument from counsel of each party, and been sufficiently advised in the premises, finds as follows:
The issue before the Court involves whether Plaintiff may depose the Defendant’s Pre-Litigation Adjuster.
The case arose out of a claim for failure to pay PIP benefits in connection with an automobile accident which occurred on or about October 8, 2011 accident.
Pursuant to Florida Statute §627.736, Ultra Care & Diagnostic timely submitted its bills to Defendant for payment of medical services rendered and/or diagnostic testing to Jorge Hondal. As a result of Defendant’s refusal to tender payment at Plaintiff’s reasonable charge, Ultra Care & Diagnostic initiated suit. Soon thereafter, Plaintiff sough the deposition of Defendant’s Pre-Litigation Adjuster. Specifically, Plaintiff was contacted in writing requesting deposition dates for the Defendant’s Pre-Litigation Adjuster. It is Defendant’s position that the Plaintiff should depose the Litigation Adjuster instead of the Pre-Litigation Adjuster. Defendant suggests that the information that Plaintiff seeks may be within the knowledge of the Litigation Adjuster. This Court disagrees with Defendant’s notion as the Litigation Adjuster was not the individual who handled the subject claim and became involved in the handling of the claim only when suit was filed by the Plaintiff. Plaintiff is within its right to depose the Defendant’s Pre-Litigation Adjuster as said individual made the determination as to why Plaintiff’s bills were denied or reduced.
Therefore, it is ORDERED and ADJUDGED that:
1. Plaintiff’s Motion to Compel Deposition of Defendant’s Pre-Litigation Adjuster is hereby GRANTED.
2. The parties shall mutually coordinate the deposition of Defendant’s Pre-Litigation Adjuster within thirty (30) days of this Order.
3. Said deposition shall take place within one hundred twenty (120) days of this Order.
