26 Fla. L. Weekly Supp. 133b
Online Reference: FLWSUPP 2602WIGGInsurance — Personal injury protection — Discovery — Provider need not provide documents or information regarding payments received from secondary payers such as Medicaid, Medicare and private insurance
NORTH SHORE MEDICAL CENTER, INC., A FLORIDA CORP. (a/a/o Wiggins, Rachel), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2017 2772-SP-23 (03). April 9, 2018. Linda Singer Stein, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Orlando Ortiz, House Counsel for United Auto, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TOSTRIKE DEFENDANT’S DISCOVERY REQUESTS
THIS CAUSE having come before the court on March 1, 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, it is
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.
