Preview
Filing # 192903309 E-Filed 02/28/2024 10:56:17 AM
IN THE COUNTY COURT IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
CASE NO.:
SCOTT L. HEGSETH, D.C,
a Florida Corp.
(a/a/o Moody, Audra),
Plaintiff,
v.
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendant.
_____________________________________/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
COMES NOW Plaintiff, SCOTT L. HEGSETH, D.C, pursuant to Fla. R. Civ. P. 1.350,
hereby requests Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, to produce
the items and matters hereinafter set forth within forty-five (45) days of service.
1. Defendant’s entire Personal Injury Protection (“PIP”) claim file that pertains to
the Claim that is the subject of the Complaint filed by the Plaintiff in this matter (the “Claim”).
To the extent that Defendant asserts a claim of privilege regarding any documents contained in
the PIP claim file, Plaintiff does not seek production of such documents for which a claim or
privilege is asserted.
2. To the extent that Defendant asserts a claim of privilege with regard to any
documents contained in the PIP claim file, provide a privilege log that contains the following
information for each document for which Defendant asserts such a claim of privilege: (i) date of
the document, (ii) title of the document, (iii) type of document, (iv) subject matter of the
document, (v) creator of the document, (vi) identification of each recipient of the document and
2/28/2024 10:56 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
(vii) a specific explanation of why the document is privileged. See TIG Ins. Corp. of Am. v.
Johnson, 799 So.2d 339 (Fla. 4th DCA 2001) [26 Fla. L. Weekly D2493a]
3. A completed certified copy of Defendant’s automobile insurance policy and
declarations page for the policy at issue in this litigation and any and all documents containing
the terms and provisions which Defendant contends were or are a part of such policy.
4. All accident reports/police reports related to the Claim.
5. All billing and medical records for all medical providers that have sought
reimbursement from Defendant, including but not limited to the billing and medical records of
the Plaintiff pertaining to the Claim.
6. All PIP benefits payout logs related to the Claim, including the most current PIP
benefits payout log.
7. All correspondence between Plaintiff and Defendant, pertaining to the Claim.
8. All Explanations of Benefits and Explanations of Review (“EOBs”) issued by the
Defendant pertaining to the Claim, including amended, corrected and revised EOBs, issued in
response to medical bills submitted by the Plaintiff, as well as medical bills submitted by any
other medical provider(s).
9. To the extent that Defendant arranged for an Examination Under Oath (“EUO”),
produce any and all correspondence pertaining to the scheduling of such EUO(s), as well as the
transcript(s) of any such EUO(s) conducted, pertaining to the Claim.
10. To the extent that Defendant arranged for an Independent Medical Examination
(“IME”), produce any and all correspondence pertaining to the scheduling of such IME(s), all
correspondence to the physician(s)/medical professional(s) asked to perform such IME(s), and all
Reports of such IME(s) performed, pertaining to the Claim.
2
2/28/2024 10:56 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
11. To the extent that Defendant arranged for a Peer Review, produce any and all
correspondence to the physician(s)/medical professional(s) asked to perform the Peer Review(s),
as well as all Peer Review reports in Defendant’s custody, control or possession, pertaining to
the Claim.
12. To the extent that Defendant asserts that no insurance coverage exists as a result
of Defendant’s assertion that the insured made a material misrepresentation of fact in the
application for insurance (the “Application”), produce the following documents: (i) the complete
signed Application that includes all questions on all pages of the Application, (ii) the complete
automobile insurance policy that was issued by the Defendant, including the declarations page
and any and all documents containing the terms and provisions which Defendant contends were a
part of such policy, (iii) all correspondence between Defendant and the named insured, and (iv)
Defendant’s complete underwriting manual containing Defendant’s complete underwriting rules
and underwriting guidelines in existence at the time of submission of the Application.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been furnished
to Defendant via service of process with the initial Complaint.
FLORIDA ADVOCATES
Attorneys for Plaintiff
45 East Sheridan Street
Dania Beach, Florida 33004
Ph: (754) 263-4252
Designated email address:
eservice@fladvocates.com
/s/ Christopher M. Tuccitto
Christopher M. Tuccitto, Esq.
Florida Bar No. 0168297
James D. Underwood, Esq.
Florida Bar No. 355800
3
2/28/2024 10:56 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Preview
Filing # 192903309 E-Filed 02/28/2024 10:56:17 AM IN THE COUNTY COURT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE NO.: SCOTT L. HEGSETH, D.C, a Florida Corp. (a/a/o Moody, Audra), Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. _____________________________________/ PLAINTIFF’S FIRST REQUEST FOR PRODUCTION COMES NOW Plaintiff, SCOTT L. HEGSETH, D.C, pursuant to Fla. R. Civ. P. 1.350, hereby requests Defendant, PROGRESSIVE SELECT INSURANCE COMPANY, to produce the items and matters hereinafter set forth within forty-five (45) days of service. 1. Defendant’s entire Personal Injury Protection (“PIP”) claim file that pertains to the Claim that is the subject of the Complaint filed by the Plaintiff in this matter (the “Claim”). To the extent that Defendant asserts a claim of privilege regarding any documents contained in the PIP claim file, Plaintiff does not seek production of such documents for which a claim or privilege is asserted. 2. To the extent that Defendant asserts a claim of privilege with regard to any documents contained in the PIP claim file, provide a privilege log that contains the following information for each document for which Defendant asserts such a claim of privilege: (i) date of the document, (ii) title of the document, (iii) type of document, (iv) subject matter of the document, (v) creator of the document, (vi) identification of each recipient of the document and 2/28/2024 10:56 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 (vii) a specific explanation of why the document is privileged. See TIG Ins. Corp. of Am. v. Johnson, 799 So.2d 339 (Fla. 4th DCA 2001) [26 Fla. L. Weekly D2493a] 3. A completed certified copy of Defendant’s automobile insurance policy and declarations page for the policy at issue in this litigation and any and all documents containing the terms and provisions which Defendant contends were or are a part of such policy. 4. All accident reports/police reports related to the Claim. 5. All billing and medical records for all medical providers that have sought reimbursement from Defendant, including but not limited to the billing and medical records of the Plaintiff pertaining to the Claim. 6. All PIP benefits payout logs related to the Claim, including the most current PIP benefits payout log. 7. All correspondence between Plaintiff and Defendant, pertaining to the Claim. 8. All Explanations of Benefits and Explanations of Review (“EOBs”) issued by the Defendant pertaining to the Claim, including amended, corrected and revised EOBs, issued in response to medical bills submitted by the Plaintiff, as well as medical bills submitted by any other medical provider(s). 9. To the extent that Defendant arranged for an Examination Under Oath (“EUO”), produce any and all correspondence pertaining to the scheduling of such EUO(s), as well as the transcript(s) of any such EUO(s) conducted, pertaining to the Claim. 10. To the extent that Defendant arranged for an Independent Medical Examination (“IME”), produce any and all correspondence pertaining to the scheduling of such IME(s), all correspondence to the physician(s)/medical professional(s) asked to perform such IME(s), and all Reports of such IME(s) performed, pertaining to the Claim. 2 2/28/2024 10:56 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 11. To the extent that Defendant arranged for a Peer Review, produce any and all correspondence to the physician(s)/medical professional(s) asked to perform the Peer Review(s), as well as all Peer Review reports in Defendant’s custody, control or possession, pertaining to the Claim. 12. To the extent that Defendant asserts that no insurance coverage exists as a result of Defendant’s assertion that the insured made a material misrepresentation of fact in the application for insurance (the “Application”), produce the following documents: (i) the complete signed Application that includes all questions on all pages of the Application, (ii) the complete automobile insurance policy that was issued by the Defendant, including the declarations page and any and all documents containing the terms and provisions which Defendant contends were a part of such policy, (iii) all correspondence between Defendant and the named insured, and (iv) Defendant’s complete underwriting manual containing Defendant’s complete underwriting rules and underwriting guidelines in existence at the time of submission of the Application. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been furnished to Defendant via service of process with the initial Complaint. FLORIDA ADVOCATES Attorneys for Plaintiff 45 East Sheridan Street Dania Beach, Florida 33004 Ph: (754) 263-4252 Designated email address: eservice@fladvocates.com /s/ Christopher M. Tuccitto Christopher M. Tuccitto, Esq. Florida Bar No. 0168297 James D. Underwood, Esq. Florida Bar No. 355800 3 2/28/2024 10:56 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3