Preview
Filing # 201050177 E-Filed 06/21/2024 09:51:58 AM
IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY FLORIDA
RIGHT CHOICE MEDICAL SERVICES, INC.
d/b/a PHYSICAL THERAPY NOW, INC.
a/a/o John Alexander,
Plaintiff,
v. Case No:
GEICO INDEMNITY COMPANY,
Defendant.
________________________________________/
PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT
Plaintiff, RIGHT CHOICE MEDICAL SERVICES, INC. d/b/a PHYSICAL THERAPY
NOW, INC. a/a/o John Alexander, pursuant to Florida Rule 1.350 Florida Rules of Civil
Procedure, hereby requests that the Defendant, GEICO INDEMNITY COMPANY, to produce the
items and matters hereinafter set forth.
The items and matters to be produced are as follows:
1. Please produce a copy of all automobile insurance policies that cover the Plaintiff’s claim for
personal injury protection benefits and medical payments coverage as referenced in the
complaint.
2. The entire Personal Injury Protection file maintained by Defendant or anyone on Defendant's
behalf with regard to John Alexander (“the Assignor”), cover to cover, including original
jackets and everything contained within the file, including but not limited to:
(a) all notations regarding notice of the accident prior to the filing of the suit;
(b) all telephone messages to or from Defendant regarding the Assignor, or any of
Defendant's agents on Defendant's behalf regarding the Assignor;
(c) all accident reports prepared by Defendant, or any law enforcement agencies
regarding the Assignor's accident;
(d) all interoffice memoranda regarding the Assignor;
(e) all correspondence to or from anyone, including any insurance agencies, any
doctors' offices, any employers, any agencies hired to select doctors for
"compulsory/independent medical examinations" and any law enforcement
agencies;
(f) any and all Personal Injury Protection forms, including Personal Injury Protection
applications, medical report forms, employer verification forms, authorization
forms and any other forms contained in said file; and for any and all documents
for which the Defendant claims a privilege regarding 2 (a)-(f) please include the
date of the document, a brief description of the document, and the number of
pages to assist the court should an in camera inspection be necessary.
3. Please produce a declaration of coverage regarding all automobile insurance policies that
cover the Plaintiff’s claim for personal injury protection benefits and medical payments
coverage as referenced in the complaint, including a sworn statement of a corporate officer
or Defendant attesting to the coverage and authenticity of the policy as required by Florida
Statutes.
4. Please produce any and all documents executed by John Alexander regarding all automobile
insurance policies that cover the Plaintiff’s claim for personal injury protection benefits and
medical payments coverage as referenced in the complaint.
5. Please produce all explanations of benefits, explanations of reviews, or similar documents
that list the dates of service, the dates the medical bills or charges were received, CPT codes
billed, amounts billed, amounts paid, and basis of reduction or nonpayment for all treatment,
medical services, and diagnostic testing provided to John Alexander.
6. Please produce a current PIP log, PIP payout sheet, or similar document that lists the total
amount of PIP benefits and medical payments coverage that have been paid by Defendant
for all claims by John Alexander regarding the subject accident.
7. Please produce a copy of the “demand letter under Florida Statutes § 627.736(10)” that you
received from Plaintiff regarding the medical bills or charges at issue in this case, as
referenced in the complaint.
8. Please produce the reasonable proof you relied upon to deny or withhold payment for the
medical bills or charges at issue in this case, as referenced in the complaint.
9. Please produce the reasonable proof you relied upon to reduce the amount paid for the medical
bills or charges at issue in this case, as referenced in the complaint.
10. Please produce the reasonable proof you relied upon to deny personal injury protection and
medical payments coverage to John Alexander regarding the accident referenced in the
complaint.
11. If you denied payment to Plaintiff due to John Alexander’s or the policyholder’s failure to
comply with conditions precedent, please produce the reasonable proof you relied upon to
establish that John Alexander or the policyholder failed to comply with conditions precedent.
12. Any and all correspondence between the insured and carrier regarding the PIP and/or
medical payment benefits available under the subject automobile insurance policy.
13. Any and all correspondence between the insured and carrier explaining benefits available
under the subject policy of insurance.
14. Please produce any and all compulsory medical examination/independent medical
examination/peer review/medical review/billing review reports obtained by Defendant, or
anyone on Defendant’s behalf, regarding the medical condition, treatment or charges of the
Insured.
15. Please produce a copy of every written response Defendant sent to Plaintiff for every
“demand letter under s. 627.736” that you received from or on behalf of Plaintiff regarding
the medical bills or charges by the medical provider for treatment of the Insured.
16. Please produce a copy of every invoice, bill, or claim form that you received from the
medical provider for treatment of the Insured.
17. If you challenge the reasonableness, relatedness or necessity of any of the treatment
referenced in the Complaint or Demand letter, please produce all medical records of the
Insured.
18. Please produce a copy of every “demand letter under s. 627.736” that you received from or
on behalf of Plaintiff regarding the medical bills or charges by the medical provider for
treatment of the Insured.
19. If Defendant made reductions to the medical provider’s bills or charges at issue based upon
evidence of usual and customary charges and payments accepted by the provider
involved in the dispute, reimbursement levels in the community and various federal and state
medical fee schedules applicable to motor vehicle and other insurance coverages, and other
information relevant to the reasonableness of the reimbursement for the service, treatment,
or supply, please produce all such evidence.
20. If you contend the medical provider or Insured failed to comply with conditions precedent,
please produce the reasonable proof you relied upon to establish that Patient or the
policyholder failed to comply with conditions precedent.
It is hereby requested that the aforementioned production be made within forty-five (45) days
from the date of service thereof or thirty (30) days from the certificate of service if not served upon
the Defendant to Matthew Quattrochi, Esq. of Quattrochi, Torres and Taormina, P.A., 950 S.
Winter Park Dr. (Ste. 207), Casselberry, FL 32707. Inspection will be made by visual observation,
examination and/or copying.
CERTICICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the
Defendant, together with the Summons and Complaint.
Date: June 21, 2024
/ s/ Matthew Quattrochi
Matthew Quattrochi, Esq.
Fla. Bar. No. 120760 (MCQ)
Quattrochi, Torres and Taormina, P.A.
950 S. Winter Park Dr. (Ste. 207)
Casselberry, FL 32707
Tel. (407) 452-4918
Fax: (407) 505-4245
matt@priorityjustice.com
cmiller@priorityjustice.com
pleadings@priorityjustice.com
Preview
Filing # 201050177 E-Filed 06/21/2024 09:51:58 AM IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY FLORIDA RIGHT CHOICE MEDICAL SERVICES, INC. d/b/a PHYSICAL THERAPY NOW, INC. a/a/o John Alexander, Plaintiff, v. Case No: GEICO INDEMNITY COMPANY, Defendant. ________________________________________/ PLAINTIFF'S FIRST REQUEST TO PRODUCE TO DEFENDANT Plaintiff, RIGHT CHOICE MEDICAL SERVICES, INC. d/b/a PHYSICAL THERAPY NOW, INC. a/a/o John Alexander, pursuant to Florida Rule 1.350 Florida Rules of Civil Procedure, hereby requests that the Defendant, GEICO INDEMNITY COMPANY, to produce the items and matters hereinafter set forth. The items and matters to be produced are as follows: 1. Please produce a copy of all automobile insurance policies that cover the Plaintiff’s claim for personal injury protection benefits and medical payments coverage as referenced in the complaint. 2. The entire Personal Injury Protection file maintained by Defendant or anyone on Defendant's behalf with regard to John Alexander (“the Assignor”), cover to cover, including original jackets and everything contained within the file, including but not limited to: (a) all notations regarding notice of the accident prior to the filing of the suit; (b) all telephone messages to or from Defendant regarding the Assignor, or any of Defendant's agents on Defendant's behalf regarding the Assignor; (c) all accident reports prepared by Defendant, or any law enforcement agencies regarding the Assignor's accident; (d) all interoffice memoranda regarding the Assignor; (e) all correspondence to or from anyone, including any insurance agencies, any doctors' offices, any employers, any agencies hired to select doctors for "compulsory/independent medical examinations" and any law enforcement agencies; (f) any and all Personal Injury Protection forms, including Personal Injury Protection applications, medical report forms, employer verification forms, authorization forms and any other forms contained in said file; and for any and all documents for which the Defendant claims a privilege regarding 2 (a)-(f) please include the date of the document, a brief description of the document, and the number of pages to assist the court should an in camera inspection be necessary. 3. Please produce a declaration of coverage regarding all automobile insurance policies that cover the Plaintiff’s claim for personal injury protection benefits and medical payments coverage as referenced in the complaint, including a sworn statement of a corporate officer or Defendant attesting to the coverage and authenticity of the policy as required by Florida Statutes. 4. Please produce any and all documents executed by John Alexander regarding all automobile insurance policies that cover the Plaintiff’s claim for personal injury protection benefits and medical payments coverage as referenced in the complaint. 5. Please produce all explanations of benefits, explanations of reviews, or similar documents that list the dates of service, the dates the medical bills or charges were received, CPT codes billed, amounts billed, amounts paid, and basis of reduction or nonpayment for all treatment, medical services, and diagnostic testing provided to John Alexander. 6. Please produce a current PIP log, PIP payout sheet, or similar document that lists the total amount of PIP benefits and medical payments coverage that have been paid by Defendant for all claims by John Alexander regarding the subject accident. 7. Please produce a copy of the “demand letter under Florida Statutes § 627.736(10)” that you received from Plaintiff regarding the medical bills or charges at issue in this case, as referenced in the complaint. 8. Please produce the reasonable proof you relied upon to deny or withhold payment for the medical bills or charges at issue in this case, as referenced in the complaint. 9. Please produce the reasonable proof you relied upon to reduce the amount paid for the medical bills or charges at issue in this case, as referenced in the complaint. 10. Please produce the reasonable proof you relied upon to deny personal injury protection and medical payments coverage to John Alexander regarding the accident referenced in the complaint. 11. If you denied payment to Plaintiff due to John Alexander’s or the policyholder’s failure to comply with conditions precedent, please produce the reasonable proof you relied upon to establish that John Alexander or the policyholder failed to comply with conditions precedent. 12. Any and all correspondence between the insured and carrier regarding the PIP and/or medical payment benefits available under the subject automobile insurance policy. 13. Any and all correspondence between the insured and carrier explaining benefits available under the subject policy of insurance. 14. Please produce any and all compulsory medical examination/independent medical examination/peer review/medical review/billing review reports obtained by Defendant, or anyone on Defendant’s behalf, regarding the medical condition, treatment or charges of the Insured. 15. Please produce a copy of every written response Defendant sent to Plaintiff for every “demand letter under s. 627.736” that you received from or on behalf of Plaintiff regarding the medical bills or charges by the medical provider for treatment of the Insured. 16. Please produce a copy of every invoice, bill, or claim form that you received from the medical provider for treatment of the Insured. 17. If you challenge the reasonableness, relatedness or necessity of any of the treatment referenced in the Complaint or Demand letter, please produce all medical records of the Insured. 18. Please produce a copy of every “demand letter under s. 627.736” that you received from or on behalf of Plaintiff regarding the medical bills or charges by the medical provider for treatment of the Insured. 19. If Defendant made reductions to the medical provider’s bills or charges at issue based upon evidence of usual and customary charges and payments accepted by the provider involved in the dispute, reimbursement levels in the community and various federal and state medical fee schedules applicable to motor vehicle and other insurance coverages, and other information relevant to the reasonableness of the reimbursement for the service, treatment, or supply, please produce all such evidence. 20. If you contend the medical provider or Insured failed to comply with conditions precedent, please produce the reasonable proof you relied upon to establish that Patient or the policyholder failed to comply with conditions precedent. It is hereby requested that the aforementioned production be made within forty-five (45) days from the date of service thereof or thirty (30) days from the certificate of service if not served upon the Defendant to Matthew Quattrochi, Esq. of Quattrochi, Torres and Taormina, P.A., 950 S. Winter Park Dr. (Ste. 207), Casselberry, FL 32707. Inspection will be made by visual observation, examination and/or copying. CERTICICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished to the Defendant, together with the Summons and Complaint. Date: June 21, 2024 / s/ Matthew Quattrochi Matthew Quattrochi, Esq. Fla. Bar. No. 120760 (MCQ) Quattrochi, Torres and Taormina, P.A. 950 S. Winter Park Dr. (Ste. 207) Casselberry, FL 32707 Tel. (407) 452-4918 Fax: (407) 505-4245 matt@priorityjustice.com cmiller@priorityjustice.com pleadings@priorityjustice.com