8 Fla. L. Weekly Supp. 571b
Insurance — Personal injury protection — Discovery — Insurer is ordered to produce certain documents, photographs, and surveillance films and to respond to interrogatories
HEALTH FIRST MEDICAL WELLNESS, INC., a/k/a KRETSCHMAR CHIROPRACTIC (As assignee of Mary Alice Reed), Plaintiff, vs. SAFECO NATIONAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 99-16988 CC, Division H. June 13, 2001. Frank A. Gomez, Judge. Counsel: William C. Rocker, Timothy A. Patrick, P.A., Tampa, for Plaintiff. J. Craig Delesie, Jr., for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY
THIS CAUSE having come before the Court on Plaintiff’s Motion to Compel Discovery, on May 22, 2001, both parties appearing through counsel and the Court having heard argument of counsels, it is hereby:
ORDERED and ADJUDGED that:
1. Regarding paragraph one (1) of Plaintiff’s Request for Production, Plaintiff’s Motion is GRANTED, Defendant shall have twenty days from May 22, 2001, in which to produce a certified copy of its policy of insurance. Failure of Defendant to timely comply will cause the Court to consider striking Defendant’s Answer and Affirmative Defenses.
2. Regarding paragraph two-h (2-h) of Plaintiff’s Request for Production, Defendant shall have twenty (20) days to produce any and all checks/drafts issued to the Plaintiff and/or any IME physicians or peer review companies once Defendant is in receipt of Plaintiff’s Response to Defendant’s Request for Production and said response from Plaintiff indicates bills at issue post-IME termination;
3. Regarding paragraphs five (5), six (6) and seven (7) of Plaintiff’s Request for Production, Defendant shall produce within twenty days of May 22, 2001, any and all surveillance films or photographs of the patient or Defendant shall within the same time frame amend its answer to indicate such items are not in its possession;
4. Regarding paragraphs ten (10), eleven (11) and twelve (12) of Plaintiff’s Request for Production, Defendant shall produce within twenty days of May 22, 2001 any and all photographs showing the extent of the damage to the vehicles involved in the accident, any and all photographs of the scene of the accident and any and all estimates of repair or statements concerning the nature and extent of the damage to any of the vehicles involved in the accident or Defendant shall within the same time frame amend its answer to indicate such items are not in its possession;
5. Plaintiff withdraws its request to Produce paragraph thirteen (13);
6. Regarding Plaintiff’s Interrogatory number four (4), Defendant shall provide the names of any and all adjusters or claims representatives within twenty (20) days of May 22, 2001;
7. Regarding Plaintiff’s Interrogatories numbers nine (9) and eleven (11), Defendant shall have twenty (20) days to provide a better answer once Defendant is in receipt of Plaintiff’s Response to Defendant’s Request for Production and said response from Plaintiff indicates bills at issue post-IME termination.
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