Preview
Filing # 124286948 E-Filed 04/05/2021 09:53:38 AM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
SMALL CLAIMS DIVISION
ADCO BILLING SOLUTIONS LP, as
assignee of Michelle Maynard
Plaintiff,
CASE NO.:
v.
DIVISION:
PROGRESSIVE SELECT INSURANCE
COMPANY, a foreign corporation
Defendant.
____________________________________/
NOTICE OF SERVICE OF PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO
DEFENDANT
COMES NOW the Plaintiff, by and through its undersigned counsel, and files this, its
Notice of Service of Plaintiff's First Request for Production to Defendant. Pursuant to Florida Rule
of Civil Procedure 1.340, Defendant's Answers are due under oath within forty-five (45) days of
service.
DATED April 5, 2021.
Respectfully submitted by,
s/ Philip A. Friedman
PHILIP A. FRIEDMAN, ESQUIRE
Florida Bar #: 0635243
FL Legal Group
2700 W. Dr. Martin Luther King, Jr. Blvd. Suite 400
Tampa, FL 33607
Phone: (813) 221-9500
Primary E-mail: PAFriedman@FLLegalGroup.com
Secondary E-mail: Filings@FLLegalGroup.com
Attorneys for Plaintiff
PAF/rag
4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
SMALL CLAIMS DIVISION
ADCO BILLING SOLUTIONS LP, as
assignee of Michelle Maynard
Plaintiff,
CASE NO.:
v.
DIVISION:
PROGRESSIVE SELECT INSURANCE
COMPANY, a foreign corporation
Defendant.
____________________________________/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT
COMES NOW the Plaintiff, by and through its undersigned counsel, and files this, its
First Request for Production to Defendant. The Defendant shall produce the documents requested
below for inspection and/or copying along with its written responses to the following requests
within forty-five (45) days of service to FL Legal Group, 2700 W. Dr. MLK, Jr. Blvd., Suite 400,
Tampa, FL 33607 or filings@FLLegalGroup.com pursuant to Florida Rule of Civil Procedure
1.350.
1. Please provide any and all reports, including investigative reports prepared by any
employee or agent of the Defendant relating to the Plaintiff medical provider in this cause
of action.
2. Please provide a certified copy of the insurance policy, including applicable endorsements
and certified copy of declarations page that was issued by the Defendant which affords
coverage or has claimed to afford coverage to the Plaintiffs assignor as pleaded in this
lawsuit.
3. Please provide any report, document, opinion, record, treatise or otherwise upon which the
Defendant relies upon in determining to suspend, reduce, deny, the full amount of the
4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
bill submitted by the Plaintiff regarding this matter as plead in Plaintiff’s Complaint.
4. Please provide any and all reports, documents, notations, memorandums, computer files,
correspondence and alike referencing the written opinion upon which the Defendant relied
upon in formulating its decision to suspend, reduce, deny or otherwise fail to pay the full
amount of the bill submitted by the Plaintiff with regard to the claim as pleaded in
Plaintiff’s Complaint.
5. Please provide the underwriting file for Defendant's named insured(s).
6. Please provide the deductible Election/Rejection form pursuant to Florida Statute section
§627.739.
7. Please provide an entire copy of the Personal Injury Protection ("PIP") file, including
covers, maintained by the Defendant or anyone on Defendant’s behalf including all
documents, front and back, as contained in that file including but not limited to:
a. Any description, notation or otherwise regarding facts of loss.
b. Any photographs of the vehicles involved in the loss, location of the loss, or of the
Plaintiff’s assignor in this matter.
c. Any and all messages, notations or otherwise from Defendant to any of Defendant’s
agents on Defendant’s behalf.
d. Any accident report prepared by any entity, including the Defendant themselves,
the Plaintiff, the insurer, the Plaintiff’s assignor, law enforcement agency or
otherwise.
e. Any correspondence to or from anyone, including any insurance agencies,
underwriters, doctors, medical providers, employees or agents or anyone hired to
select doctors for compulsory medical examinations, including law enforcement
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4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
agencies.
f. Any interoffice memoranda.
g. Any and all applications for PIP benefits, Medical Payments Coverage ("MPC")
benefits, medical report forms, employer verification forms, and any other
authorization forms of any other kind contained in this file.
h. Any and all bills received from the Plaintiff medical provider in this matter.
i. Any and all medical documentation received by the Plaintiff medical provider in
this action.
j. Any and all pre-suit demand letters, or correspondence reporting to be pre-suit
demand letter under Florida Statute §627.736(11) from any entity or individual.
k. Any and all Explanation of Benefits ("EOB") / Explanation of Review ("EOR")
prepared by the Defendant whether provided to an individual or not contained in
the file for any and all medical providers who have treated this assignor.
l. Any special investigation unit (SIU) files.
8. Please provide any and all correspondence between the Defendant and any of Plaintiff
assignor’s healthcare providers involved in this claim, whether or not they are part of this
cause of action, including medical reports received with proof of any payments made by
the Defendant or the Plaintiff’s assignor in this matter.
9. Please provide a copy of the PIP payout log and MPC payout sheet.
10. Please provide any proof of payment, including but not limited to copies of any checks
which were issued to pay for medical services to the Plaintiff by the Defendant with regard
to Plaintiff’s assignor in this matter.
11. Please provide any and all surveillance reports, claims history reports, or other
- Pg 3 of 5 -
4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
investigative reports that Defendant or anyone acting on Defendant’s behalf made with
regard to the motor vehicle accident as plead in Plaintiff’s Complaint.
12. Please provide any and all surveillance reports, claims history reports, or other
investigative reports Defendant or anyone acting on Defendant’s behalf prepared with
regard to this particular Plaintiff.
13. Please provide any and all surveillance films or photographs Defendant has in their
possession with regard to the Plaintiff, the Plaintiff’s assignor, or the motor vehicle as
pleaded in Plaintiff’s Complaint.
14. Please provide any and all statements Defendant, or Defendant acting on anyone’s behalf
took of the Plaintiff, the Plaintiff’s assignor, or any other individuals involved in the motor
vehicle accident or witnesses to the motor vehicle accident as pleaded in Plaintiff’s
Complaint.
15. Please provide any and all statements Defendant has in their possession regarding the motor
vehicle accident as pleaded in Plaintiff’s Complaint, the Plaintiff, or Plaintiff’s assignor.
16. Please provide any and all photographs in the Defendant’s possession showing the damage,
if any to the vehicles involved in the accident as pleaded in Plaintiff’s Complaint including
documentation of the median those photographs were taken and whether or not such
photographs have been developed with traditional film.
17. Please provide any and all writing memoranda notes or other materials reflecting
Defendant’s examination of the vehicles involved in the accident including any and all
estimates and repairs or statements concerning the nature and extent of damage to any
vehicles involved in the accident as pleaded in Plaintiff’s Complaint whether taken by the
Defendant or otherwise.
- Pg 4 of 5 -
4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
18. Please provide any documents that the Defendant intends to rely upon at trial or has
knowledge of that they may wish to rely upon at trial to show the charges as submitted to
Defendant were improper or otherwise not compensable under the policy of insurance and
the Florida Statutes at issue.
19. Please provide any documentation showing the patient had or did not have an Emergency
Medical Condition ("EMC") as defined by Florida Statutes.
20. Please produce any report or document generated by any medical doctor, osteopathic
physician, chiropractic physician, dentist (or any physician’s assistant supervised
thereunder), or advanced registered nurse practitioner who has determined the injured
person (assignor) did not have an EMC.
Respectfully submitted by,
s/ Philip A. Friedman
PHILIP A. FRIEDMAN, ESQUIRE
Florida Bar #: 0635243
FL Legal Group
2700 W. Dr. Martin Luther King, Jr. Blvd. Suite 400
Tampa, FL 33607
Phone: (813) 221-9500
Primary E-mail: PAFriedman@FLLegalGroup.com
Secondary E-mail: Filings@FLLegalGroup.com
Attorneys for Plaintiff
PAF/rag
CERTIFICATE OF SERVICE
I CERTIFY that a copy hereof has been furnished with the summons and complaint.
s/ Philip A. Friedman
Attorney
- Pg 5 of 5 -
4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6
Preview
Filing # 124286948 E-Filed 04/05/2021 09:53:38 AM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA SMALL CLAIMS DIVISION ADCO BILLING SOLUTIONS LP, as assignee of Michelle Maynard Plaintiff, CASE NO.: v. DIVISION: PROGRESSIVE SELECT INSURANCE COMPANY, a foreign corporation Defendant. ____________________________________/ NOTICE OF SERVICE OF PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT COMES NOW the Plaintiff, by and through its undersigned counsel, and files this, its Notice of Service of Plaintiff's First Request for Production to Defendant. Pursuant to Florida Rule of Civil Procedure 1.340, Defendant's Answers are due under oath within forty-five (45) days of service. DATED April 5, 2021. Respectfully submitted by, s/ Philip A. Friedman PHILIP A. FRIEDMAN, ESQUIRE Florida Bar #: 0635243 FL Legal Group 2700 W. Dr. Martin Luther King, Jr. Blvd. Suite 400 Tampa, FL 33607 Phone: (813) 221-9500 Primary E-mail: PAFriedman@FLLegalGroup.com Secondary E-mail: Filings@FLLegalGroup.com Attorneys for Plaintiff PAF/rag 4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA SMALL CLAIMS DIVISION ADCO BILLING SOLUTIONS LP, as assignee of Michelle Maynard Plaintiff, CASE NO.: v. DIVISION: PROGRESSIVE SELECT INSURANCE COMPANY, a foreign corporation Defendant. ____________________________________/ PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT COMES NOW the Plaintiff, by and through its undersigned counsel, and files this, its First Request for Production to Defendant. The Defendant shall produce the documents requested below for inspection and/or copying along with its written responses to the following requests within forty-five (45) days of service to FL Legal Group, 2700 W. Dr. MLK, Jr. Blvd., Suite 400, Tampa, FL 33607 or filings@FLLegalGroup.com pursuant to Florida Rule of Civil Procedure 1.350. 1. Please provide any and all reports, including investigative reports prepared by any employee or agent of the Defendant relating to the Plaintiff medical provider in this cause of action. 2. Please provide a certified copy of the insurance policy, including applicable endorsements and certified copy of declarations page that was issued by the Defendant which affords coverage or has claimed to afford coverage to the Plaintiffs assignor as pleaded in this lawsuit. 3. Please provide any report, document, opinion, record, treatise or otherwise upon which the Defendant relies upon in determining to suspend, reduce, deny, the full amount of the 4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 bill submitted by the Plaintiff regarding this matter as plead in Plaintiff’s Complaint. 4. Please provide any and all reports, documents, notations, memorandums, computer files, correspondence and alike referencing the written opinion upon which the Defendant relied upon in formulating its decision to suspend, reduce, deny or otherwise fail to pay the full amount of the bill submitted by the Plaintiff with regard to the claim as pleaded in Plaintiff’s Complaint. 5. Please provide the underwriting file for Defendant's named insured(s). 6. Please provide the deductible Election/Rejection form pursuant to Florida Statute section §627.739. 7. Please provide an entire copy of the Personal Injury Protection ("PIP") file, including covers, maintained by the Defendant or anyone on Defendant’s behalf including all documents, front and back, as contained in that file including but not limited to: a. Any description, notation or otherwise regarding facts of loss. b. Any photographs of the vehicles involved in the loss, location of the loss, or of the Plaintiff’s assignor in this matter. c. Any and all messages, notations or otherwise from Defendant to any of Defendant’s agents on Defendant’s behalf. d. Any accident report prepared by any entity, including the Defendant themselves, the Plaintiff, the insurer, the Plaintiff’s assignor, law enforcement agency or otherwise. e. Any correspondence to or from anyone, including any insurance agencies, underwriters, doctors, medical providers, employees or agents or anyone hired to select doctors for compulsory medical examinations, including law enforcement - Pg 2 of 5 - 4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 agencies. f. Any interoffice memoranda. g. Any and all applications for PIP benefits, Medical Payments Coverage ("MPC") benefits, medical report forms, employer verification forms, and any other authorization forms of any other kind contained in this file. h. Any and all bills received from the Plaintiff medical provider in this matter. i. Any and all medical documentation received by the Plaintiff medical provider in this action. j. Any and all pre-suit demand letters, or correspondence reporting to be pre-suit demand letter under Florida Statute §627.736(11) from any entity or individual. k. Any and all Explanation of Benefits ("EOB") / Explanation of Review ("EOR") prepared by the Defendant whether provided to an individual or not contained in the file for any and all medical providers who have treated this assignor. l. Any special investigation unit (SIU) files. 8. Please provide any and all correspondence between the Defendant and any of Plaintiff assignor’s healthcare providers involved in this claim, whether or not they are part of this cause of action, including medical reports received with proof of any payments made by the Defendant or the Plaintiff’s assignor in this matter. 9. Please provide a copy of the PIP payout log and MPC payout sheet. 10. Please provide any proof of payment, including but not limited to copies of any checks which were issued to pay for medical services to the Plaintiff by the Defendant with regard to Plaintiff’s assignor in this matter. 11. Please provide any and all surveillance reports, claims history reports, or other - Pg 3 of 5 - 4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 investigative reports that Defendant or anyone acting on Defendant’s behalf made with regard to the motor vehicle accident as plead in Plaintiff’s Complaint. 12. Please provide any and all surveillance reports, claims history reports, or other investigative reports Defendant or anyone acting on Defendant’s behalf prepared with regard to this particular Plaintiff. 13. Please provide any and all surveillance films or photographs Defendant has in their possession with regard to the Plaintiff, the Plaintiff’s assignor, or the motor vehicle as pleaded in Plaintiff’s Complaint. 14. Please provide any and all statements Defendant, or Defendant acting on anyone’s behalf took of the Plaintiff, the Plaintiff’s assignor, or any other individuals involved in the motor vehicle accident or witnesses to the motor vehicle accident as pleaded in Plaintiff’s Complaint. 15. Please provide any and all statements Defendant has in their possession regarding the motor vehicle accident as pleaded in Plaintiff’s Complaint, the Plaintiff, or Plaintiff’s assignor. 16. Please provide any and all photographs in the Defendant’s possession showing the damage, if any to the vehicles involved in the accident as pleaded in Plaintiff’s Complaint including documentation of the median those photographs were taken and whether or not such photographs have been developed with traditional film. 17. Please provide any and all writing memoranda notes or other materials reflecting Defendant’s examination of the vehicles involved in the accident including any and all estimates and repairs or statements concerning the nature and extent of damage to any vehicles involved in the accident as pleaded in Plaintiff’s Complaint whether taken by the Defendant or otherwise. - Pg 4 of 5 - 4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 18. Please provide any documents that the Defendant intends to rely upon at trial or has knowledge of that they may wish to rely upon at trial to show the charges as submitted to Defendant were improper or otherwise not compensable under the policy of insurance and the Florida Statutes at issue. 19. Please provide any documentation showing the patient had or did not have an Emergency Medical Condition ("EMC") as defined by Florida Statutes. 20. Please produce any report or document generated by any medical doctor, osteopathic physician, chiropractic physician, dentist (or any physician’s assistant supervised thereunder), or advanced registered nurse practitioner who has determined the injured person (assignor) did not have an EMC. Respectfully submitted by, s/ Philip A. Friedman PHILIP A. FRIEDMAN, ESQUIRE Florida Bar #: 0635243 FL Legal Group 2700 W. Dr. Martin Luther King, Jr. Blvd. Suite 400 Tampa, FL 33607 Phone: (813) 221-9500 Primary E-mail: PAFriedman@FLLegalGroup.com Secondary E-mail: Filings@FLLegalGroup.com Attorneys for Plaintiff PAF/rag CERTIFICATE OF SERVICE I CERTIFY that a copy hereof has been furnished with the summons and complaint. s/ Philip A. Friedman Attorney - Pg 5 of 5 - 4/5/2021 9:53 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6