27 Fla. L. Weekly Supp. 408b
Online Reference: FLWSUPP 2704LANGInsurance — Declaratory judgments — Motion to dismiss action seeking coverage declaration, alleging failure to state cause of action and lack of standing by insured, who has assigned benefits to medical providers, is denied — Discovery — Insurer that failed to timely respond to discovery requests has waived all objections except privilege
DOMENIQUE LANGHEIER, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-063037. May 23, 2019. Miriam Valkenburg, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.
ORDER DENYING DEFENDANT’S MOTIONTO DISMISS, DENYING DEFENDANT’S MOTION FORPROTECTIVE ORDER AND GRANTINGPLAINTIFF’S MOTION TO COMPEL DISCOVERY
THIS MATTER having come before the court on May 22, 2019 on Defendant’s Motion to Dismiss, Defendant’s Motion for Protective Order and Plaintiff’s Motion to Compel Discovery. The court having reviewed the file, considered the motions, the arguments presented by counsel, applicable law, and being otherwise fully advised, finds,
1. Defendant’s Motion to Dismiss Plaintiff’s Petition for Declaratory Relief seeking a coverage declaration alleges that Plaintiff has failed to adequately state a cause of action upon which declaratory relief may be granted and that Plaintiff lacks standing as Plaintiff has assigned her PIP benefits to her various medical providers.
2. Defendant’s Motion to Dismiss is HEREBY DENIED.
3. Defendant’s Motion for Protective Order seeks protection from having to respond to discovery, having to produce its claim file and having its Corporate Representative(s) submit to depositions.
4. Defendant’s Motion for Protective Order is HEREBY DENIED. The Defendant is of course able to object to having to produce privileged documents. Plaintiff agreed to postpone the deposition of Defendant’s Claims Corporate Representative to an alternative date within 60 days of the hearing date. Plaintiff agreed to postpone the deposition of Defendant’s Underwriting Corporate Representative at this time.
5. Plaintiff’s Motion to Compel Discovery alleges that Defendant failed to timely respond to Plaintiff’s discovery requests and that all objections, except privilege, are waived.
6. Plaintiff’s Motion to Compel Discovery is HEREBY GRANTED. Defendant shall respond to Plaintiff’s discovery requests within 30 days of the hearing date. All objections, except those based upon privilege are waived.
