25 Fla. L. Weekly Supp. 836a
Online Reference: FLWSUPP 2509GMARInsurance — Personal injury protection — Discovery — Insurer’s motion for protective order regarding discovery related to proper application of policy deductible denied — Although court previously entered parties’ agreed order on plaintiff’s motion to stay case pending supreme court’s resolution of pending appeal in separate case, case at issue did not address whether insurer was required to apply policy deductible first against amount billed for services rendered prior to applying fee schedule, and neither agreed order nor motion for stay specifically indicated that supreme court’s opinion would be dispositive
SOUTH BROWARD HOSPITAL DISTRICT, D/B/A MEMORIAL HOSPITAL PEMBROKE (a/a/o Martinez, German), Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE16004734 (54). November 14, 2017. Florence Taylor Barner, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Maziel Sodre, Shutts & Bowen, for Defendant.
ORDER DENYING DEFENDANT’SMOTION FOR PROTECTIVE ORDER
THIS CAUSE having come before the Court on November 14, 2017, upon Defendant, Allstate Insurance Company’s motion for protective order regarding Plaintiff’s First Set of Interrogatories to Defendant (Re: Deductible) and any further discovery in this matter, and the Court having considered the motion, having heard argument of counsel and being otherwise fully advised, finds:
1. On April 29, 2016, Plaintiff filed its Motion to Stay Case Pending appeal, in which Plaintiff asserted at paragraph 2 that in Allstate Insurance Company v. Orthopedic Specialists, Case No. SC15-2298 (“Orthopedic Specialists”) [42 Fla. L. Weekly S38a], the Florida Supreme Court would decide whether Allstate’s bare reference to the state’s personal injury protection statute did not constitute sufficient notice that the insurer was electing to employ Medicare fee schedules for PIP claims.”1
2. At paragraph 3 of its Motion to Stay, Plaintiff states that the foregoing “pending issue in the highest court is essentially the same disputable issue as in this matter” (emphasis in original).
3. On June 28, 2016, this Court entered the parties’ Agreed Order on Plaintiff’s Motion to Stay Case, which provided that the instant case would be stayed pending the Orthopedic Specialists appeal.
4. Neither the Agreed Order nor the Motion specifically indicate that the opinion of the Florida Supreme Court would be dispositive.
5. Orthopedic Specialists did not address whether Allstate was required to apply the policy deductible first against the amount billed for services rendered prior to applying the fee schedules.
6. This Court does not interpret Plaintiff’s statement in its Motion to stay that the “pending issue in the highest court is essentially the same disputable issue as this matter” as tantamount to stating that there are no other issues to be litigated in this matter.
Accordingly, the Motion for Protective Order is DENIED and Defendant shall answer Plaintiff’s First Set of Interrogatories to Defendant (Re: Deductible) within 30 days from the date of this Order.
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1The Supreme Court ruled in Allstate’s favor that its policy properly elected to employ Medicare fee schedules for PIP claims. Allstate Insurance Company v. Orthopedic Specialists, 212 So.3d 973 (Fla. 2017) [42 Fla. L. Weekly S38a].