24 Fla. L. Weekly Supp. 990b
Online Reference: FLWSUPP 2411SEIJInsurance — Personal injury protection — Discovery — Depositions — Insurer is ordered to provide last known address of pre-litigation adjuster that is no longer employed by insurer
PROFESSIONAL MEDICAL BUILDING GROUP, INC. a/a/o Daniel Seijas, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 11th Judicial Circuit in and for Dade County, General Jurisdiction Division. Case No. 14-7479 SP 25 01. February 1, 2017. Jason Emilios Dimitris, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L., Miami, for Plaintiff. Kimberly Slaven, Cole, Scott, & Kissane, P.A., Plantation, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPELDEPOSITION DATES OF DEFENDANT’SPRE-LITIGATION ADJUSTER AND FORATTORNEY’S FEES AND COSTS
THIS CAUSE came before the Court for hearing on January 31, 2017, on Plaintiff’s Motion to Compel Deposition Dates of Defendant’s Pre-Litigation Adjuster. The Court having reviewed the motion and entire Court file, heard arguments from counsel for each party, and having been sufficiently advised in the premises, finds as follows:
The Plaintiff filed suit against the Defendant in connection with a claim for Personal Injury Protection (PIP) benefits in connection with an automobile accident which occurred on or about January 08, 2010. It is Plaintiff’s contention that the Defendant has failed to tender proper payment at Plaintiff’s reasonable charge. On or about August 24, 2016, Defendant was contacted in writing requesting deposition dates for the Defendant’s Pre-Litigation Adjuster. The Defendant’s prior counsel failed to respond to Plaintiff’s request for deposition dates, as such, the subject motion was filed. At the subject hearing, the Defendant represented to the Court and Plaintiff’s counsel that the Pre-Litigation Adjuster who handled the subject claim is no longer employed with State Farm. The Plaintiff has requested that the Defendant provide the last known address of the Pre-Litigation Adjuster. The Defendant objected to providing said information citing privacy of information as the basis for same. This Court does not find said concern to be a sufficiently compelling basis to not providing the last known address of the Pre-Litigation Adjuster.
Therefore, it is ORDERED and ADJUDGED that:
1. Plaintiff’s Motion to Compel Deposition Dates of Defendant’s Pre-Litigation Adjuster is hereby GRANTED.
2. Defendant shall provide the last known address of the Defendant’s Pre-Litigation Adjuster within fifteen (15) days.
3. The parties shall mutually coordinate the deposition of Pre-Litigation Adjuster within thirty (30) days of this Order.
4. Said deposition shall take place within ninety (90) days of this Order.
