25 Fla. L. Weekly Supp. 973c
Online Reference: FLWSUPP 2511AMARInsurance — Personal injury protection — Discovery — Provider need not provide documents or information regarding payments received from secondary payers such as Medicaid, Medicare, and private insurance
LIFEMARK HOSPITALS OF FLORIDA, INC. d/b/a PALMETTO GENERAL HOSPITAL, A FLORIDA CORP. (a/a/o Martinez, Anne), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2016-012631-SP-23 (01). January 24, 2018. Myriam Lehr, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Ari Neimand, House Counsel of United Automobile Insurance Company, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONTO STRIKE DEFENDANT’S DISCOVERY REQUESTS
THIS CAUSE having come before the court on January 8, 2018, upon Plaintiff’s Motion to Strike Defendant’s Discovery Requests, or in the Alternative, Motion for Protective Order, and the Court having considered the motion, having heard argument of counsel and being otherwise fully advised in the premises, it is hereupon
ORDERED that Plaintiff’s Motion is GRANTED. Plaintiff need not provide documents or information regarding payments Plaintiff may have received from secondary payers such as Medicaid, Medicare and private insurance. Personal Injury Protection insurance is primary under §627.736(4), Fla. Stat., and any payments made by Medicaid or other secondary provider does not cancel, negate or avoid Defendant’s liability to make all PIP payments for which it is primarily liable.
