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VIVIAN HAYES, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 851c

Insurance — Personal injury protection — Discovery — Third-party vendor that coordinates and schedules independent medical examinations, medical expense reviews, and peer reviews is ordered to respond to subpoena to produce documents setting forth policy used in reviews and IMEs, contracts between vendor and insurer for conducting IMEs and reviews, documents reflecting payments made by vendor to physician and payments made by insurer to vendor related to insured’s claim, and documents reflecting payments made by vendor to physician for past four years

VIVIAN HAYES, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 2nd Judicial Circuit in and for Leon County. Case No. 01-SC-6740. September 12, 2002. Judith W. Hawkins, Judge. Counsel: Robert N. Heath, Jr., Heath P.A., Pensacola. David Gagnon.

ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL

THIS CAUSE, having come before the court upon the motion of the Plaintiff for an order compelling Intracorp, a non-party, to respond to a subpoena served upon Intracorp on April 11, 2002, and the court having noted that no objection to the subpoena was made by Intracorp to the subpoena, and being fully advised in the premises, it is hereby

ORDERED AND ADJUDGED that Plaintiff’s motion is hereby granted. Intracorp shall produce the following documents within fifteen (15) days of the date of this order:

1. Any and all documents of whatsoever kind and nature which sets forth the policy of INTRACORP, in reviewing medical expense charges, peer reviews or independent medical examinations, including criteria used for review, the software programs that utilize and the method of conducting such reviews.

2. Any and all contracts between Intracorp and State Farm Mutual Automobile Insurance Company or any of its subsidiaries within the past three years for conducting medical expense reviews, peer reviews and/or independent medical examinations.

3. Any and all documents reflecting payments by Intracorp to Joseph A. Costello, D.C., or any other entity and payment received from State Farm Mutual Automobile Insurance Company or any other entity with regard to any medial expense reviews, peer reviews and/or independent medical examinations conducted on the claim of Vivian Hayes.

4. Any and all documents (including 1099s) reflecting payments made by Intracorp to Joseph A. Costello, D.C., for the years 1999, 2000, 2001 and to date in 2002.

The above documents shall be produced to Plaintiff’s attorney, Robert N. Heath, Jr., Esq., 4300 Bayou Boulevard, Suite 7, Pensacola, Florida, 32503 within the time set forth in this order.

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