18 Fla. L. Weekly Supp. 554a
Online Reference: FLWSUPP 1806KAGA
Insurance — Personal injury protection — Discovery — Depositions — Where insurer does not allege affirmative defenses, medical provider may not require corporate representative of insurer that maintains its place of business in Hillsborough County to travel to Broward County for deposition
STEIN ORTHOPEDIC ASSOCIATES, P.A. (A/A/O ALLISON KAGAN), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. 10-18274 COCE 55. April 1, 2011. Honorable Sharon Zeller, Judge. Counsel: Laura M. Watson, for Plaintiff. Reuven T. Herssein, Law Offices of Herssein & Herssein, P.A., North Miami, for Defendant.
ORDER GRANTING USA A CASUALTY INSURANCECOMPANY’S MOTION FOR PROTECTIVE ORDER
THIS CAUSE came before the Court on March 8, 2011, for hearing on USAA Casualty Insurance Company’s Motion for Protective Order, and this Court having reviewed the Motion, the entire Court file, and the relevant legal authorities; having heard argument of counsel; having made a thorough review of the matters filed on record; and having been sufficiently advised on the premises, the Court finds as follows:
The Issue before this Court is whether the Corporate Representative of USAA Casualty Insurance Company is required to appear for deposition in Broward County, Florida, a county where the Corporate Representative neither works nor resides.
Findings of Fact: Plaintiff scheduled the deposition of the “Corporate Representative of the Defendant” to occur in Broward County, Florida on February 17, 2011. On December 28, 2010, USAA Casualty Insurance Company filed its Motion for Protective Order objecting to the location of the deposition. The Corporate Representative of USAA Casualty Insurance Company works and resides in Hillsborough County, Florida. USAA Casualty Insurance Company’s principal place of business and all of the documents associated with this claim are located in Hillsborough County, Florida.
Conclusions of Law: Florida law is well established that a defendant will not be required to travel a great distance and incur substantial expenses to be deposed by the plaintiff unless the defendant is seeking affirmative relief. See Fortune Insurance Company v. Santelli, 621 So. 2d 546, 547 (Fla. 3d DCA 1993). As such, the deposition of USAA Casualty Insurance Company’s Corporate Representative shall take place in Hillsborough County, Florida.
Accordingly, USAA Casualty Insurance Company’s Motion for Protective Order is Granted. The deposition of the “Corporate Representative of the Defendant shall occur in Hillsborough County.
