27 Fla. L. Weekly Supp. 293a

Online Reference: FLWSUPP 2703BUSAInsurance — Personal injury protection — Discovery — Documents — Motion to compel production of signed PIP deductible election form is denied where insurer states that it has no such form in its possession and Florida law does not require insurer to obtain such form

FLORIDA INJURY EAST, INC., a/a/o Zaida Busanet-Rodriguez, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2016-SC-014220-O, Civil Division. September 4, 2018. Erick H. DuBois, Judge. Counsel: Todd Landau, Todd Landau, P.A., Hallandale Beach, for Plaintiff. Michael V. Hammond, Progressive PIP House Counsel, Maitland, for Defendant.

ORDER DENYING PLAINTIFF’S MOTION TOCOMPEL SIGNED PIP DEDUCTIBLE ELECTION FORM

This matter came before the Court on Plaintiff’s Motion to Compel Signed PIP Deductible Election Form (Filing # 62253330 E-Filed 10/02/2017 12:10:55 PM). The Court has heard argument of counsel and has been fully informed in the premises. it is therefore,

ORDERED AND ADJUDGED:

1. Plaintiff’s Motion to Compel Signed PIP Deductible Election Form (Filing # 62253330 E-Filed 10/02/2017 12:10:55 PM) is DENIED.

2. The Court finds that there is no requirement of law, regulation, or rule for an insurance company to obtain from its insured a signed PIP Deductible Election Form.

3. Plaintiff served on Defendant Plaintiff’s Supplemental Request for Production Regarding PIP Deductible (Filing # 62253330 E-Filed 10/02/2017 12:10:55 PM). Defendant’s Amended Response to Plaintiff’s Supplemental Request for Production Regarding PIP Deductible (Filing # 75843008 E-Filed 08/01/2018 03:54:32 PM) states that it has no signed PIP deductible election form in its possession because Florida law does not require Defendant to obtain any such document.

4. Defendant cannot be compelled to produce a document to Plaintiff that does not exist and that is not required to exist by any Florida law, regulation, or rule.