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BERNADETTE ISHIKAWA, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 247a

Insurance — Personal injury protection — Discovery — Insurer is ordered to produce insured’s claim file except documents in privilege log, personnel files of all employees who worked on insured’s file, and all manuals and other items that constitute instructions to adjusters with respect to handling PIP claims — Request for entire file of insurer’s attorneys in underlying PIP action is denied

BERNADETTE ISHIKAWA, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 00-01436, Division B. February 18, 2002. Vivian C. Maye, Judge. Counsel: Douglas M. Fraley, Tampa. William F. Merlin, Tampa. Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa.ORDER

This matter came before the Court for consideration of the Plaintiff, Bernadette Ishikawa’s, motion to compel production from Allstate Insurance Company (Allstate) on February 7, 2002 and Court having read the Motion and being otherwise fully advised in the premises, it is

ORDERED AND ADJUDGED;

1. Allstate shall produce the Bernadette Ishikawa claim file up to February 6, 1998 except for the documents that Allstate has listed on its privilege log.

2. Court does not make a determination that the documents listed in Allstate’s privilege log are in fact privileged or protected at this time.

3. Allstate shall produce the personnel files including the performance development summaries of all Allstate employees that worked on the Bernadette Ishikawa file. Allstate shall redact the social security numbers, drug test results and any other information that is private in nature.

4. Allstate shall produce all manuals, pamphlets, videos or other tangible items that constitute instructions given to adjusters with respect to the handling of Florida PIP claims for the years 1995 through 1999. This includes all good faith and ethics material.

5. Plaintiff’s request for production number 5 requesting the entire file of the lawyers who represented Allstate in the underlying PIP action is denied at this time.

6. All items to be produced shall be produced within 10 days of this Order.

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