25 Fla. L. Weekly Supp. 761b
Online Reference: FLWSUPP 2508CGOMInsurance — Personal injury protection — Stay of case pending Florida Supreme Court’s resolution of issue of whether policy provided sufficient notice that insurer was electing to employ Medicare fee schedules for PIP claims did not preclude litigation of issue concerning proper application of policy deductible — Amended motion for protective order from discovery relating to this issue denied
BEACHES OPEN MRI OF THE TREASURE COAST, LLC D/B/A BEACHES MRI (a/a/o Gomez, Claudia 3), Plaintiff, v. ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. County Court, 19th Judicial Circuit in and for St. Lucie County. Case No. 56 2016 SC 404. October 16, 2017. Daryl Isenhower, Judge. Counsel: Robert Goldman, Florida Advocates, Dania Beach, for Plaintiff. Manuel Negron, Shutts & Bowen, [for Defendant.
ORDER DENYING DEFENDANT’SAMENDED MOTION FOR PROTECTIVE ORDER
THIS CAUSE having come before the Court on September 29, 2017, upon Defendant, Allstate Property & Casualty Insurance Company’s amended motion for protective order, and the Court having considered the motion, having heard argument of counsel and being otherwise fully advised, finds:
1. On May 6, 2016, the Plaintiff filed a Motion to Stay Case Pending Appeal. At paragraph 2 therein, Plaintiff states that in Allstate Insurance Co. v. Orthopedic Specialists, Case No. SC15-2298 (“Orthopedic Specialists”) [42 Fla. L. Weekly S38a], the Florida Supreme Court would decide whether Allstate’s “bare reference to the state’s personal injury protection statute did not constitute sufficient notice that the insurer was electing to employ Medicare fee schedules for PIP claims.”1
2. At paragraph 3 of its Motion to Stay, Plaintiff states that the foregoing “pending issue in the highest court is essentially the same disputable issue as this matter” (emphasis in original).
3. On May 24, 2016, this Court signed the parties’ Agreed Order on Plaintiff’s Motion to Stay, which provided that the instant case would be stayed pending the Orthopedic Specialists appeal.
4. Neither the Order nor the Motion specifically indicates that the opinion of the Florida Supreme Court would be dispositive.
5. Orthopedic Specialists did not address whether Allstate was required to apply the policy deductible first against the amount billed for services rendered prior to applying the fee schedules.
6. The Court does not interpret Plaintiff’s statement in its Motion to Stay that “pending issue in the highest court is essentially the same disputable issue as this matter” as tantamount to stating that there are no other issues to be litigated in this matter.
Accordingly, the Amended Motion for Protective Order is DENIED and Defendant shall answer Plaintiff’s First Set of Interrogatories to Defendant (Re: Deductible) within 30 days from the date of this Order.
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1The Supreme Court ruled in Allstate’s favor that its policy properly elected to employ Medicare fee schedules for PIP claims. Allstate Ins. Co. v. Orthopedic Specialists, 212 So.3d 973 (Fla. 2017) [42 Fla. L. Weekly S38a].
