9 Fla. L. Weekly Supp. 720a
Insurance — Personal injury protection — Discovery — Insurer is ordered to provide medical provider with verified answers to interrogatories, privilege log of withheld documents, complete copy of independent medical examiner’s file regarding case, and affidavit regarding insurer’s ability or inability to provide specific information on payments to IME and ability to differentiate between payments for treatments and payments for purposes of litigation — Court will conduct in camera inspection of documents withheld on claim of privilege
RON WECHSEL, D.C. d/b/a WECHSEL PAIN & REHAB CENTRE, (Dennis Buckanan, Patient), Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 02-07760 (54). August 8, 2002. Zebedee W. Wright, Judge. Counsel: Andew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. Mark D. Baxter.
AGREED ORDER ON PLAINTIFF’S MOTION TO STRIKEUNSWORN ANSWERS TO FIRST INTERROGATORIES,MOTION TO STRIKE UNSWORN ANSWERS TO IMEINTERROGATORIES, MOTION TO COMPEL BETTERANSWERS TO FIRST INTERROGATORIES,MOTION TO COMPEL BETTER ANSWERS TO IMEINTERROGATORIES, AND MOTION TO COMPEL BETTERRESPONSE TO REQUEST FOR PRODUCTION AND TODEEM OBJECTIONS WAIVED
THIS CAUSE having come before the undersigned upon the Plaintiff’s Motion to Strike Unsworn Answers to First Interrogatories, Motion to Strike Unsworn Answers to IME Interrogatories, Motions to Compel Better Answers to First Interrogatories, Motion to Compel Better Answers to IME Interrogatories, and Motion to Compel Better Response to Request for Production and to Deem Objections Waived, and the Court having been advised that the parties have reached an agreement in this matter, and having been otherwise fully advised in the premises, it is hereupon:
ORDERED AND ADJUDGED as follows:
1. Defendant shall provide Plaintiff with verified Answers to First Interrogatories within 30 days from the date of this Order.
2. Defendant shall provide Plaintiff with verified Answers to IME Interrogatories within 30 days from the date of this Order.
3. Defendant shall provide Plaintiff with a privilege log for all documents Defendant is withholding and said log shall state with specificity the name of the document, the date of the document, who it is from and who it is addressed to, and the general subject matter of the document. Said privilege log shall be provided within 30 days from the date of this order.
4. Defendant shall provide Plaintiff with a complete copy of Concentra’s file regarding this matter within 30 days from the date of this Order.
5. Defendant shall provide Plaintiff with a complete copy of Dr. Jeffrey Frachtman, D.C.’s file regarding this matter within 30 days from the date of this Order.
6. Defendant shall provide Plaintiff with an affidavit from a representative of Allstate regarding the insurer’s ability or inability to provide specific information on payments made to Dr. Frachtman. This shall include a statement of Allstate’s ability to differentiate payments made for treatment with those made for the purpose of litigation (independent medical examinations, depositions, records review, trial time, etc.).
7. Upon Plaintiff’s receipt and review of the foregoing documents, the Court will conduct an in-camera inspection of all documents withheld based upon a claim of privilege.
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