25 Fla. L. Weekly Supp. 814a
Online Reference: FLWSUPP 2509LAWRInsurance — Discovery — Application — Insurer is ordered to produce application for insurance policy, including written election of deductible executed by insured
PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC, a/a/o Lawrence, Dorothy, Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2015-SC-007209-O. November 1, 2017. Eric H. DuBois, Judge. Counsel: David B. Alexander, Bradford Cederberg, P.A., Orlando, for Plaintiff. Alexis Leigh Lombard, Law Office of Kelly Wilson, Orlando, for Defendant.
ORDER ON OCTOBER 11, 2017 HEARING
THIS MATTER having come before this Honorable Court on 1) Plaintiff’s Motion to Compel Complete And/Or Better Responses to Plaintiff’s First Request to Produce to Defendant as to the Entire Application of Insurance for the Police of Insurance At Issue, Including But Not Limited To, The Written Election of the Deductible Executed By the Named Insured, and 2) Defendant’s Motion For Protective Order in Opposition to Discovery Concerning the Insured’s Election of the Deductible Amount and this Honorable Court having heard arguments of counsel on October 11, 2017, and being otherwise fully advised in the premises finds as follows:
1. The Plaintiff is entitled to the discovery requested in Paragraph 6 of Plaintiff’s First Request to Produce based on the liberal discovery rules of the state of Florida.
2. Specifically as to the application of insurance, the Court believes the best person to have that information would be the Defendant.
Therefore, it is hereby, ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Compel Complete And/Or Better Responses to Plaintiff’s First Request to Produce to Defendant as to the Entire Application of Insurance for the Police of Insurance At Issue, Including But Not Limited To, The Written Election of the Deductible Executed By the Named Insured is hereby GRANTED.
2. Defendant’s Motion for Protective Order in Opposition to Discovery Concerning the Insured’s Election of the Deductible Amount is hereby DENIED.
3. Defendant shall produce to Plaintiff the documents requested in Paragraph 6 of Plaintiff’s First Request to Produce; specifically the application of insurance for the policy for insurance at issue, including but not limited to, the written election of the deductible executed by the named insured, within thirty (30) days from the date of this Order.
